Federal Court of Australia’s Post

NATIONAL ANTI-CORRUPTION STRATEGY, 2020-2030 (NACS). Like many countries, South Africa (SA) has adopted the multi-agency approach to fighting corruption. Importantly, for this strategy to succeed, effective national co-ordination is critical. Indeed, not easy to achieve in practice. This post focuses on just a few important aspects and expresses my personal view.      The envisaged National Anti-Corruption Coordination Body, for convenience NACCB, will perform a critical role if the strategy is to succeed. In my view, the NACCB must be a legislative entity, accountable to Parliament, impartial & independent, subject only to the Constitution and the law. This is necessary to prevent undue influence and interference. The NACCB must have extensive legislative powers and resources to implement effective coordination at a national & operational level, including transnational crime. The Director of the NACCB must be an appropriately experienced and independent person, who possess the necessary gravitas for the role. In addition, the tenure of the Director must be secure, and removal must be a similar process to that of the AGSA and Public Protector. Herewith, an example that multi-agency coordination is possible. In 2004, the then Directorate of Special Operations (DSO- Scorpions), SAPS, NPA, AFU, SARS, FIC and other agencies, in a joint project, successfully arrested and prosecuted the country’s Top 200 criminals.             #NACS #SouthAfrica #anticorruption #strategy #coordination #top200criminals #Scorpions #law #constitution 

Dear Adv, important take on the NACCB. In our past parliamentary briefing, one of the members raised similar position regarding the Investigating Directorate. Security of tenure, additional powers including investigative powers, independent head accountable to Parliament. In essence the tabled NPA amendment bill, seem to tick all boxes similar to your assertion of NACCB. A consideration should be made, do we empower an existing machinery, or we dismantle the ineffective machinery to establish a new machinery.

As a lawyer specializing in anti-bribery law, I'm excited to announce the latest amendment to South Africa’s Prevention & Combating of Corrupt Activities Act. Introducing a new section, Section 34A, this amendment creates a powerful tool: the failure to prevent corrupt activities is now an offense.   This enforcement development marks a significant shift in our anti-corruption efforts. The implementation of section 34A will undoubtedly have far-reaching implications for businesses operating in South Africa. It underscores the importance of robust compliance frameworks and proactive measures to mitigate corruption risks. A crucial step in fostering integrity and transparency across sectors.   In our commitment to ethical business practices, it's vital to stay informed about legislative changes. Section 34A will have profound implications for businesses in South Africa, emphasizing the need for robust compliance frameworks and proactive measures to mitigate corruption risks.   Are you prepared to navigate these changes effectively? Whether you're seeking guidance on compliance strategies or need assistance interpreting the new legislation, I'm here to help. Don't hesitate to reach out to me to discuss how we can safeguard your organization against corruption risks.   #AntiCorruption #EthicalBusiness #ComplianceMatters #transformtheordinary #cmslaw #corporatecrime  

Section 34 of the Prevention and Combating of Corrupt Activities Act, 2004 (PACCA) has always had an obligation on persons in a ‘position of authority’ to report, amongst others, corrupt activity where the amount involved is R100,000 or more. Recently, President Cyril Ramaphosa signed the Judicial Matters Amendment Act in terms of which section 34A of PACCA has been introduced which essentially requires organisations to have ‘adequate procedures’ in place to prevent corrupt activity. This further bolsters South Africa’s key piece of anti-corruption legislation in the fight against corruption.   Listen to my interview with eNCA here: https://lnkd.in/d7Ajc6Sj   #cms #cmslaw #corporateinvestigations #forensics #broadcasting #eNCA #judicialmattersamendmentactof2023 #preventcorruption #reportcorruption #transformtheordinary

“Out of the 69 cases the CIABOC filed in 2021, 42 cases had been withdrawn. Out of the 71 cases the CIABOC filed in 2022, 43 cases had been withdrawn. Technical errors were cited as the main reason for many of those withdrawals. The public is not aware whether those cases have been re-filed after correcting those technical errors or not. The CIABOC needs to communicate its progress more proactively. That is necessary to regain the public trust and accountability that it needs to have.” Piumi Madushani, Programme Manager, TISL Video: https://lnkd.in/gazHfucG (Newsfirst Sri Lanka) Also refer to TISL’s recent press release on CIABOC: https://lnkd.in/gXjgi2te #SriLanka #CIABOC #AntiCorruption #Publictrust #Accountability #TISL

Prof. Peter Goss, PhD - MD of Fi-Fa-C Forensics (www.fi-fa-c.com) - contests this Daily Maverick article which promotes the need for an Anti-Corruption Commission and related legislative bill in South Africa. The article proposes the need for a new agency on account inter alia of inefficiencies, resource constraints, the absence of expertise, and political interference in law enforcement agencies. Prof Goss argues that, while the article is correct about the problems, there is no place for yet another anti-corruption agency. The State must first rationalise law enforcement agencies, get them to maximum effectiveness and performance and then decide a solution for the remaining gaps. Published studies indicate that right now there are over 30 government institutions in South Africa with anti-corruption functions hard-coded into legislation. Another law and another law enforcement agency ignores the fundamental problem of an absence of co-ordination, silo mentality, too many non-performing agencies without accountability, and of course political tampering with the work of law enforcement. https://lnkd.in/g5QSbTwh

The 7th Edition of the ‘CMS Guide to Anti-Bribery and Corruption Laws’ is here! 🌍 Now covering 52 countries, the guide includes insights from 8 new jurisdictions: Algeria, Angola, Argentina, Morocco, Mozambique, North Macedonia, Norway, and Sweden. Since our 2021 edition, 17 out of the 44 jurisdictions covered have seen significant changes in anti-corruption laws. Many have broadened the scope of offenses or intensified penalties, underlining the dynamic nature of regulatory landscapes.   💼 Stay ahead in global compliance by exploring our Guide, available both online and in PDF format. To read the Guide click here: https://lnkd.in/dhHRMMEU or get in touch with Zaakir Mohamed or Mawande Ntontela for more. #cms #cmslaw #expertguide #antibribery #corruption #corporateinvestigations #forensics #transformtheordinary

📲 For today’s #FellowFriday, we wrap up our miniseries featuring the contributions our Fellows made to our first volume of the Bulletin which was released over the summer. In this feature, we take a look at Gretta Fenner and Oscar Solorzano’s article, “A Swiss–Peruvian Asset Recovery Case Boosts Prospects for Non-Conviction Based Forfeiture in the Fight Against Transnational Corruption and Money Laundering.”   In this article, Fenner and Solorzano review a recent decision by the Swiss Federal Supreme Court. The international court case will be used as an “important precedent for the use of non-conviction-based forfeiture laws to recover illicit assets arising from corruption.” Fenner and Solorzano summarize the three main takeaways from the Swiss-Peru case in this feature.   Read on here: https://lnkd.in/ekwzwC6q    #TABulletin #TheAcademyBrass #corruption #moneylaundering

📣 Lawyers: today is the last day to complete the International Bar Association's anti-corruption survey. The short survey looks at the risks and threats that corruption poses to the legal profession. The IBA is examining the role of lawyers as ethical gatekeepers and is seeking to clarify their ethical responsibilities. As part of the project, it is seeking views from lawyers on the risks and threats posed by corruption (including foreign bribery) to the legal profession in different jurisdictions. Don't miss out - make your voice heard! Take the survey 👉 https://lnkd.in/ekSZ-GVr #AntiCorruption #LegalEthics #lawyers

When the "Justice" behind Justice John Doe becomes subverted by corruption - Looking at Nigeria as a case study The judicial system is meant to uphold justice and the rule of law. However, in many countries, corruption has infected the halls of justice, subverting the very principles judges and courts are supposed to defend. Nigeria unfortunately presents a prime example of how justice can be corrupted. Time and again, we have seen judges become tools of the political and business elite, seemingly dispensing "justice" to the highest bidder rather than based on facts and law. Justice John Doe is a pseudonym, but represents the many Nigerian judges over the years who have ignored their duty and violated the public's trust. Bribes, favors, threats - all have swayed Justice Doe's gavel. Truth and fairness fall victim to his personal enrichment. The costs are immense. When justice becomes predictable based on money and connections, the rule of law crumbles. The judicial system descends into farce. Cynicism reigns and even law-abiding citizens may see little reason to not "play the game." Justice Doe is just one man, but the distortion of an entire judiciary and collapse of the idea of equal justice is the end result. Nigeria today struggles to uphold law, fight corruption and ensure accountability due in large part to the failings of its judges. All countries must vigilantly defend judicial integrity and independence. For when judges like Justice Doe sell their principles, justice is the first casualty. The social compact begins to dissolve when citizens cannot expect fairness from courts. And a nation cannot thrive without true justice. #JudicialCorruption #SubvertedJustice #WhenJudgesBecomeTools #EqualJusticeUnderLaw #JudicialIntegrity #RuleOfLaw #JudicialIndependence #FairTrials #EndJudicialCorruption #IntegrityOfCourts #JudgesForSale #JusticeForAll #NoImpunity #UpholdingJustice #NigeriaCaseStudy #RestoringPublicTrust #EnforcingAccountability