United Nations Convention Against Corruption: Department briefing

Meeting report

JOINT MEETING OF LOCAL GOVERNMENT AND ADMINISTRATION SELECT COMMITTEE AND PUBLIC SERVICE AND ADMINISTRATION PORTFOLIO COMMITTEE
25 August 2004
UNITED NATIONS CONVENTION AGAINST CORRUPTION: DEPARTMENT BRIEFING

Chairperson: Mr S Shiceka (ANC)

Documents handed out:
Department briefing on UN Convention against Corruption
Department comparative analysis of UN Convention, African Union Convention, SADC Protocol and South African Legislative Framework

SUMMARY
The United Nations Convention Against Corruption had been signed by 105 states on 31 October 2003 in the United Nations General Assembly. Mr R Kitshof and Ms I Bodasing from the Department's Anti Corruption Unit, briefed the Committee on the implications of ratifying this UN Convention, and compared South Africa's legislative framework with it and the African Union Convention, and the SADC Protocol on the topic. They recommended that South Africa ratify the Convention by September so that they could be one of the first thirty signatories to do so, which would entitle the country to assist in monitoring and implementation.

MINUTES
Mr Kitshof said that the Government would be able to discuss the UN Conventions acceded in 2004 in the UN National Assembly in September. It was desirable to have the UN Convention adopted in Parliament beforehand. Ms Bodasing explained that the Convention had opened for signature in December 2003. 105 states had signed the Convention and two states had ratified it. Thirty ratifications were necessary to bring the Convention into force. The first thirty countries to ratify the Convention would be invited to attend a Convention conference. These countries would monitor the implementation of the Convention and assist other countries to ratify the Convention. The countries attending the conference would develop the Convention's terms of reference and make recommendations in later years on how the Convention could be improved.

Mr Kitshof said that the mandate of the South African delegation came from Cabinet. The Minister had received a certificate from the state law advisers confirming that the Convention would not conflict with domestic legislation. The briefing had been presented to the National Anti-corruption Forum. In addition, a comparative analysis of the domestic regulatory framework had been discussed at a stakeholders' workshop, and attempts had been made to develop an implementation programme for the various sectors. The presentation would be presented at the 2^nd National Anti Corruption Summit in November 2004.

The substantive parts of the Convention dealt with preventive measures, criminalisation and law enforcement, international co-operation, asset recovery, technical assistance and information exchange.

Discussion
The Chairperson asked why there was a need to adopt the UN convention when a Southern African Development Community Protocol and an African Union Convention were already in place

Mr Kitschof said the AU Convention had benefited from the experience gained from devising the SADC Protocol. The UN Convention had benefited from both experiences and was more comprehensive.

The Chairperson asked if the ratification of the Convention had budgetary implications. Mr Kitshcof said prosecutors and magistrates would need training in order to apply the Act.

Mr J Le Roux (DA) asked if the terms of the convention that pertained to money laundering would have negative implications for banks. Mr Kitshshof said implementing the convention would not entail a greater burden than the provision already imposed by South Africa's Financial Intelligence Centre Act.

Mr D Worth (DA) asked if the extradition terms of the treaty would supercede existing extradition treaties between signatories. Ms Boadsing said the Convention's extradition clauses would become the basis for extradition between countries that did not have existing treaties. If a treaty existed, the extradition clauses of the Convention would supersede those clauses that dealt with offences contained within the Convention.

Mr A Moseki (ANC) asked if the Convention was retrospective. Ms Boadsing said the convention was not retrospective. The Treaty would come into effect 90 days after the thirtieth country ratified the Convention.

Mr Moseki asked if the Department would clarify the difference between the signing of the Convention and its subsequent ratification. Ms Boadsing said that signing a convention was an indication of the political will of the country to ratify the treaty. The process of ratification would legally bind the country to the convention.

Ms P Hollander (ANC) asked how long it would take for thirty countries to ratify the treaty. Mr Kitshof said there were mechanisms in place to encourage countries to ratify. It was possible that the target might be met by December.

The Chairperson asked if member states were entitled to make reservations about the Convention. Ms Boadsing said this was possible so far as the reservations did not undermine the overall objective of the Convention.

The meeting was adjourned