The quest for transparency and accountability in South Africa’s financial sector

President Cyril Ramaphosa. Photographer: Ayanda Ndamane, AFrican News Agency (ANA)

President Cyril Ramaphosa. Photographer: Ayanda Ndamane, AFrican News Agency (ANA)

Published Sep 11, 2023

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South Africa has been grappling with issues of transparency and accountability in its financial sector, with recent cases like Phala Phala and the Lady R raising questions about the integrity of key institutions.

Additionally, the ongoing investigation into the CR17 campaign has further intensified the scrutiny on the country's financial institutions.

These concerns cast a shadow on the government's commitment to addressing financial misconduct and corruption.

Where there is smoke there is fire, as the saying goes, and the Phala Phala case revolving around the theft of foreign currency (USD) at President Ramaphosa's home in the Phala Phala game farm in the Waterberg, Limpopo, in February 2020, certainly has a whiff of fire.

It was alarming to learn that the President did not report the crime, and the existence of a large amount of foreign currency was not declared to the Reserve Bank, as is required by regulations.

The only reason we know about this, is when Arthur Fraser let the cat out the bag, otherwise, it could well have been kept quiet forever.

This case has also exposed significant weaknesses in the country's financial system.

One of the key institutions responsible for regulating the financial sector is the Prudential Authority, which operates under the South African Reserve Bank (SARB). Unfortunately, their response to the Phala Phala ‘investigation’ has left much to be desired.

The Governor cited a lack of a comprehensive mandate to fully investigate. This is perplexing, given the National Treasury's commitment to addressing these weaknesses through an interdepartmental committee, including criminal justice institutions, the Financial Intelligence Centre (FIC), the SARB and the South African Revenue Services (SARS).

The Governor mentioned that over 6 000 cases of foreign exchange transgressions have been investigated over the last decade. If all cases receive equal attention, it would require an unimaginable 6 000 years to complete.

The financial burden of such investigations would amount to an estimated R1.872 trillion, a cost that the country can ill-afford.

SARB has expressed its commitment to fighting financial crime and corruption, but recent events raise questions about its effectiveness, prompting the SARB to embark on what appears to be a rather superficial advertisement campaign, promoting its brand through a foreign exchange calculator app in an attempt to regain public trust.

Many critics, including economists, unions, and political parties, have also questioned the bank's narrow mandate, urging it to focus on policies that stimulate job creation and macroeconomic stability.

Despite the importance of the Phala Phala case and its implications for the country, the Prudential Authority's response has been inadequate.

The public is still left in the dark, waiting for politicians to take the matter to court to ensure the full report's release, much like the Lady R report, which we know will never see the light of day.

Additionally, law enforcement agencies have yet to report on the criminal aspects of the Phala Phala matter.

Crucial questions remain unanswered, one being the details of where the supposed buffalos were to be delivered are still unclear, for example.

The lack of transparency in this matter raises suspicions, especially when it is linked directly to our head of state. SARS too, should raise its voice and address the capital gains achieved from not depositing the foreign currency immediately, which could result in significant appreciation over time.

The ongoing investigations into cases like Phala Phala, Lady R, and the CR17 campaign, underscore the need for greater transparency and accountability within South Africa's financial sector as well as our leaders.

These cases have raised serious doubts about the integrity of key institutions and their ability to combat financial misconduct and corruption effectively.

It is imperative that these issues are addressed promptly and comprehensively to restore public trust and protect the integrity of the country's financial system.

Failure to do so could have even further dire consequences for South Africa's standing on the global stage, than it already has, bearing in mind the country is currently grey listed.

Corrie Kruger is an independent analyst and Adri Senekal de Wet is the executive editor of Business Report.

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