Expert tells Madlanga inquiry how to root out infiltration in criminal justice system

A World Bank anti-corruption expert has proposed that officials serving in the country’s criminal justice system undergo independent integrity assessments as part of efforts to root out criminal infiltration.

Laura Pop made the proposal while testifying before the Madlanga commission of inquiry, which is investigating allegations of criminality and corruption within the criminal justice system.

The commission is expected to hand its recommendations to President Cyril Ramaphosa in November.

In her testimony on Wednesday, Pop said the establishment of an evaluation panel made up of members of recognised standing could provide an effective mechanism to assess the integrity of officials and identify those who may have been compromised.

“Individuals subject to this process may resign before the evaluation starts or remain in their posts until an individualised assessment removes them. Posts are not summarily vacated, and criminal justice officers are not required to reapply for their own positions,” she said.

Pop said the evaluation body should have a legal mandate to compel third parties to provide financial and other relevant records, rather than relying on officials under assessment to voluntarily provide the information.

“It must provide a power of extending verification to assets and income of the evaluated person’s family members and third parties, within limits, to establish unjustified wealth of the evaluated person.”

She said the process should also create a legal basis for removing an official from the relevant criminal justice institution following an adverse integrity finding.

According to Pop, the legal framework should ensure that officials are notified of the case against them, given access to the material gathered, including any asset and interest verification report, and given an opportunity to respond before a reasoned decision is made.

However, she said, consequences should be proportionate to the findings, so that minor and explainable discrepancies are not automatically treated as evidence of concealed wealth.

The framework should also provide officials with a clearly defined avenue to seek judicial review before a properly resourced court.

With regards to officials who refused to undergo the evaluation or failed to submit an ad hoc asset declaration, Pop said they should face dismissal.

An official who resigned after the evaluation window had closed should be treated as having received an adverse finding and face the same consequences, she added.

“This will prevent officials from waiting to see what evidence emerges before resigning at the last minute and leaving on favourable terms.”