South African law enforcement agencies have made little progress in addressing the scourge of bribery at border posts, with transporters highlighting “fear of victimisation” as one of the key reasons for this.
A new report by global anti-corruption watchdog Transparency International (TI) pointed out that only 15 formal foreign bribery cases had been opened between 2014 and 2017. The ‘Exporting Corruption 2018’ report – released late last month – rates countries on their enforcement against foreign bribery under the Organisation for Economic Co-operation and Development’s (OECD) Anti-Bribery Convention.
South Africa was one of 40 signatory countries surveyed, along with four other major nonOECD exporters – China, India, Hong Kong and Singapore – and was one of 11 classified as having “limited enforcement”. This is the same rating it received three years ago. Sources who wished to remain anonymous – including cross-border transporters and clearing agents – told FTW that formal complaints were not made for fear of victimisation at the borders.
“I lodged a complaint about corruption against a particular official and I was copied in on the mail sent to this official. He denied it and needless to say my truck drivers experienced even further delays at that particular border post,” one fleet operator told FTW. A clearing agent based at a Zimbabwean border post agreed, pointing out that he was often expected to intervene for clients when trucks were delayed at the borders for “ridiculous reasons”.
“Transporters have told us that they actually provide their drivers with extra money for such eventualities and that it is the only way to ensure a smooth transition through borders,” he said, adding that they faced “massive delays” if they refused to “grease the wheels”. Dhiren Krishna, MD of the GSF Group, told FTW that transporters were fearful of being branded as “troublemakers”.
According to the TI report, the OECD also raised concerns about the ease with which settlements and plea bargain arrangements were entered into in South Africa. “This is not much of a deterrent, especially for companies with big budgets and for whom a fine is hardly felt,” reads the report.
“Looking at our driver debriefing reports and engagement with our drivers it appears that only certain transport companies, carrying cargo on behalf of particular shipping lines, to certain end users are being targeted,” said Dhiren Krishna, MD of the GSF Group. “More disturbing is the perception – based purely on driver feedback – that there seems to be a targeted campaign against certain identified South African transport companies, particular shipping lines and end users,” he added.
15
The number of formal foreign bribery cases opened in SA between 2014 and 2017.
