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The ANC's Member Integrity Management Mechanism: An anti-corruption Innovation

The scourge of corruption has been with post-liberation governments in Africa for as long as independence was gained from colonial masters. Corruption robbed the continent of its development potential and global competitive capacity. In almost all instances of corruption, it has been an in-public sector sub-vocation practised by members of governing parties, often led by senior leaders and/or the dominant establishments within those parties. This sub-public service vocation has facilitated the failed statehood of many African countries. The need, therefore, to confront corruption as the catalyst of state failure has thus been established as a condition precedent for the success of any endeavour to redefine Africa's development path. This opinion piece looks at the ANC integrity mechanism as an anti-corruption innovation more than it being seen as a politically motivated punitive measure. I argue that it is not a step-aside policy as branded.

Context of the discussion

Various efforts at dealing with corruption in Africa have mainly been policing and prosecution-based and thin on dealing with it as an integrity management system. The policing-prosecution approach assumes the existence of structures, institutional spheres, a normative order, and a form of collectivity instructing a reigning value system. Converging post-liberation expectations in various forms catalyses a new interests-based political economy conflictual with the liberation promise. Leaders and bureaucrats operating with 'executive authority that presides on law enforcement-based anti-corruption initiatives are colluding with the growing and runaway corruption in Africa and a similar context in other continents. Consequently, corruption, the most organised in-state crime facilitated by elected and appointed officials, has become an institutional sickness occasioning intervention from within the ranks of political parties, more specifically, their leadership.

Whilst policing-prosecution-based anti-corruption is the apex aspect of a robust anti-corruption framework, enforcing laws and accountability by elected and appointed officials and socially acceptable consequence management will galvanise society against corruption. The extent to which anti-corruption becomes a habit of a country's leadership will make it a public service value system permeating through to its private sector as an active substrate of the broader anti-corruption mix. The depth and impunity at which corruption occurs has defined the African State as we have grown to know it. As a result, African governments have been developing policies to reverse corruption for a while. These policies have, in the main, been based on international instruments. Adherence to implementing these instruments became a costly and necessary requirement to attract foreign direct investment, including preferential treatment of exports from Africa. African governments acceded to these international frameworks through legislative and other means, most of which were eclectic to whence they originated. Notwithstanding, corruption as the new enemy of democracy became a central target for what has been dubbed the third liberation struggle.

As a preventative measure to this scourge of corruption, South Africa has entrenched into its post-apartheid Constitution instruments with which this risk could be mitigated. The constitution creates an accountability management system etched on institutions protecting democracy, essentially from the potential of those elected into office as guardians to its systems delivering on the liberation promises. These institutions are by design not subject to oversight by those exercising executive authority but to Parliament, which the legislative authority vests, thus making their accountability a structurally public affair. The political accountability framework is anchored on a treasury management system written into the Constitution. This treasury insulation in the constitution has made financial, fiscal, and monetary policy matters a province of constitutionality, thus lessening the impact of arbitrary decision-making. For this reason, the executive authority-wielding head of the National Treasury is structurally in a de facto prime position among peers with executive authority below, and somewhat including the President. 

In this instance, accountability has become the central feature of South Africa's public finance management. Whilst the public sector context is legislatively regulated through the PFMA, MFMA, and the Auditor General authority giving regulatory framework, the private sector context has, in the main, been self-regulating through voluntary and peer-imposed mechanisms such as the King Codes of Corporate Governance. Anti-corruption legislation dealing with money laundering and financial intelligence gathering also adds to the accountability frameworks. These good corporate governance and legislation codes have been integrated as a condition for participating in a global market economy through reporting systems. International instruments regulating market access for goods and services started to depend on how private firms comply with the global order that has increasingly been hostile to public sector corruption. Indices on corruption have, in recent times, grown to be sources of data for rating the status of countries as investment destinations or trusted democracies deserving of credit by global financing institutions. This architecture has been a pull factor for governments to enact measures to combat corruption, yet corruption has found a way to stay alive. 

What these measures have yet to be able to succeed in facilitating a self-regulating dispensation is the role of political parties in the whirlpool of corruption. This includes individuals in their capacity as organs of state whose primal entry point has been political parties that deployed them. In this corruption space, political parties have slowly been identified as agents to stop or propel corruption and its adjuncts, such as State Capture. In South Africa, the ANC is at the centre of this problem.

The ANC and the Integrity Management Mechanism.

The African National Congress of South Africa, arguably the nexus of all political life in South Africa, came to power in 1994 as the index guardian of the liberation promise associated with the anti-apartheid struggle. It assumed a leader of social status because of the moral force its policies as a movement carried. It represented a course whose impact would define global humanitarian benchmarks in matters of racism, sexism, and homophobia. The dividends of the struggle system the ANC led have redefined many constitutional settlements in the African continent and arguably the world. Its leaders have grown to become international icons whose names became synonymous with models of leadership and symbols of how the human spirit could triumph against evils such as apartheid.

As a human construct, the ANC could unfortunately not escape human infallibility despite the nobleness of the cause it has once stood for. Like many in its historical ilk, it has also been able to produce from amongst its members individuals that started to show tendencies of seeing it as a conduit to self-enrichment and a personal interest facilitating institution. Invariably, the ANC grew to become a nest of good and bad cadres who used its historical legacy, whose appeal could make their actions found nefarious or otherwise legitimate in one form or another. Its members became the dominant vectors in creating a post-apartheid state and, by extension, influential in shaping a government value system. Their conduct became the base substrate of what would constitute political life after apartheid. 

In this responsibility, they could chisel into law mechanisms to combat corruption. As a result of their post-apartheid majority voter support, the ANC became an entry point into South Africa's 'political capital' management. However, being a member of the ANC came with profoundly low barriers to entry, a lower R20 cost, and South African citizenship. Opening up to being a mass-based organisation, it thus attracted all breeds of members and, by extension, strange breeds of leaders too. Its post-unbanning character started to show institutional fissures whose manifestations began to define it away from being a leader of society. It became a footnote in any reporting on corruption and its adjunct State Capture. It became an organisation through which a journey towards state failure could be launched. Its high-profile members became the human face of corruption, manufactured and natural.

It is also a fact that the ANC has developed its own values system to regulate the behaviour and conduct of its members, ordinary citizens and deployees. Such a value system flows from what the ANC stands for as a thesis defining its right of moral existence. It is the opposite of constituting conduct antithetical to being its member or cadre. The value system indexes the code of conduct for members. Through this, the ANC is supposed to be guided by the calibre of leadership it should put in place, which essentially defines the selection process for deploying cadres. Notwithstanding, there had been errors in living up to its value system, regrettably at a cost to its cohesion.  

In vintage ANC character, it responded with a policy architecture that creates a system to uproot corruption. Through its decision centres that have defined and, in many instances, optimised its struggle system against colonialism and later apartheid, the ANC sponsored a conference resolution to address its member integrity as a catalyst to public sector-based corruption. It has to be noted that the ANC had, in anticipation of the risk of corruption disrupting its struggle system, developed a strategic guideline document for its members to live by as agents of social change through the eye of the needle. 

The 'eye of the needle' document is fragile regarding consequence management, notwithstanding the plausible way it creates an obligation to behave in a particular way as an ANC member. It is not decisive on what happens to members that clog the eye of the needle, and worse still; it is accommodating to those that widen the needle's eye for all breeds to pass through. Whilst the ANC respects the country's constitutional provision that we are all equal before the law and thus presumed innocent until proven otherwise, it did not define a process of what happens to you as its member when in wait for your guilty or otherwise verdict. This silence on its policies either clogs or widens the eye of the needle with catastrophic implications for its reputation as a leader of society. 

There is growing acceptance of the view that the "South African Constitution does not guarantee for anyone the right to be presumed innocent by ordinary citizens (and one may add voluntary associations like the ANC) until he or she is proven guilty in a court of law.  It is not a right at all and is generally invoked by politicians and members of the public who wish to avoid any discussion of alleged wrongdoing either by themselves or their friends and allies.” In its strictest sense, argues Pierre de Vos, "the Constitution guarantees for everyone the right to a free trial, which includes the right to be presumed innocent at that trial”. In as much as the Constitutional Court found in the Ramakatsa and others vs Magashule and others that "the (SA) Constitution does not spell out how members of a political party should exercise the right to participate in the activities of their party ... (and) for a good reason, this is left to political parties to regulate”, it did not resolve the applicability of the human rights system as it pertains to internal regulatory frameworks of voluntary organisations (as ordinary citizens). It has, at best, created an in-ANC consequence management interregnum from when a member is charged with a crime to when the trial ends. 

The consequence management interregnum this creates from the time a member is reported, alleged to have been, charged and entangled in contexts of corruption has, over the last 27 years of ANC governing party status, eroded its moral standing amongst citizens and gradually reduced societal confidence in our democracy as voter apathy statistics show. They procured this 'wait-for-justice' period for a response that does not prejudice its members but protects the reputation of the ANC while showing respect for the court of public opinion. The 'Wait-for-justice' period also required a process where the consequences for being involved in acts the 'eye of the needle' guideline document envisaged are made personal and never collective. A policy response to define acts of individuals who are members of the ANC as not being acts of the ANC or acts influenced by the ANCness of members was thus required. 

In acknowledging the role of some amongst its rank and file in corruption and acts short of integrity as guardians of public resources, the ANC boldly noted in a 2017 Conference the resolution that there is an increase in corruption, factionalism, dishonesty, and other harmful practices that seriously threaten the goals and support of the ANC; and the lack of integrity perceived by the public has seriously damaged the ANC image, the people’s trust in the ANC, its ability to occupy the moral high ground, and its position as leader of society.

Further to this, and in an unprecedented manner by an ANC leader, President Ramaphosa, writing to ANC members and some South Africans, declares in his letter that "the ANC and its leaders stand accused of corruption. The ANC may not stand alone in the dock. Still, it does stand as Accused No. 1. This is the stark reality that we must now confront. ... the ANC National Executive Committee (NEC) recognised the justifiable public outrage caused by recent reports of corruption. It said these developments cause us collectively to dip our heads in shame and to humble ourselves before the people.” 

To mitigate this publicly acknowledged role of its members in state corruption, the ANC, as a sequel to the 'eye of the needle' document, had already introduced a Member Integrity Management Mechanism (MIMM). This process was established by a conference resolution in 2012 at Mangaung to support other architectures of discipline that kept the ANC in its more than a century-old existence. The mechanism was set up to ensure that membership of the ANC does not facilitate the public sector or any form of corruption in society, including making its leadership willing or otherwise objects of state capture. The Mechanism outlines a process that integrates it with an already elaborate internal to the ANC disciplinary system, the 'presumed innocent until found guilty' provisions of the constitution and the 'moral expectations of society of leadership given the custodianship of creating a values-based nation. In facile terms, The Mechanism can be thought of as a non-negotiable process through which the integrity bar of ANC leaders is lifted. The mechanism is not about pronouncing the guilt or otherwise of ANC members on allegations or charges brought against them. Still, it is assented about the extent to which the process towards that verdict lends the ANC to disrepute and thus erodes its political support. It addresses the consequences of integrity management interregnum abuse by members, especially leadership.

The mechanism's process is not only about stepping aside but stepping aside is also a crucial manifestation of its consequence management prowess, among others. According to the mechanism, members are required to report to an Integrity Committee and explain themselves. Through a criterion still in its formative stages, the IC would evaluate the explanation and make recommendations to the member and the NEC. Two possible scenarios will arise from the recommendations: the member is requested to voluntarily step aside or, based on the proffered explanation's acceptance, be allowed to continue as a member in good shape. The onus to step aside that lies with the member is the crux of the integrity mechanism. If the member does not step aside, the NEC will process the recommendation of the integrity committee into an NEC decision requiring the member to step aside at a set date, failing which an automatic suspension will kick in. Appeal processes to what is occasioned by the integrity management mechanism apply when the member is suspended from enforcing stepping aside and redefining the normal appeal process to be consistent with the reputation protection thrust of the mechanism.

The suspension dispensation would, of course, start an internal disciplinary process. The DC process will be about the extent to which the trial or allegations against the member put the ANC into disrepute. The DC process cannot be about claims or trial matters, as that will be left to the province of the criminal justice system. It is only until the courts have pronounced that a member can get a sanction related to the judgment, save to say the mechanism is unambiguous of its path from reporting to suspension.

The integrity mechanism requires legitimacy to survive the factions inherent in political parties in transitional economies such as South Africa. Due to its impact on investor confidence and the perception of an otherwise media-owned electorate, the mechanism faces a characterisation challenge of being seen as a mechanism for South Africa' rather than a mechanism of South Africa'. 

However, arguably, the mechanism is an anti-corruption innovation by the ANC. Its reliance first on the self-restraint of members, which contrasts with the traditional 'wait on the disciplinary process', defines the ethical conundrums its application will face as a mechanism etched in a context that is itself political. Politics in a 'free market' economy context like South Africa have been growing into a vocation that takes the pursuit of self-interest and profit as the ultimate for being in it. The yearning in the human soul for the altruism that instructed the anti-apartheid struggle and its higher meanings beyond materialism has given way in favour of greed and crass materialism. Whilst ANC cadres could die for the 'cause of liberating' 'the people' from the clutches of apartheid colonialism, the pursuit of self-interest has produced a breed of cadres that can facilitate the country to collapse for their material self-interests.

The survival of the integrity mechanism will thus have this internal crass materialist as a determinant of its success. 

What are the risks of and to the integrity management mechanism?


FM Lucky Mathebula 

The Thinc Foundation 

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