White-collar crime escapes outrage as Madlanga exposes law enforcement corruption

Share current article via Email Share current article via Facebook Share current article via Twitter Share current article via LinkedIn South Africans' confidence and pride in their nationhood are beginning to return to the national psyche. This renewed buoyancy is being fuelled by strong performances across various sporting codes and growing grassroots pushback against illegal immigration in an effort to reclaim the township economy and a modest national economic recovery. Paradoxically, this optimism is being further strengthened by revelations emerging from the Madlanga commission of inquiry which are exposing the alleged capture of parts of our law enforcement institutions by the small-time crooks being paraded before the commission. The fixation with the unfolding drama at the Madlanga commission is driven not only by its entertainment value but also by the magnitude of disgust and outrage people harbour towards the alleged criminals who lavishly flaunt their ill-gotten wealth. The outrage is also targeted at some of the principals of our institutions, which are pillars of our constitutional democracy, who help them escape accountability. High-ranking officials such as deputy national commissioner police Lt-Gen Shadrack Sibiya, former Hawks boss Lt-Gen Godfrey Lebeya, Maj-Gen Feroz Khan, Maj-Gen Richard Shibiri and Maj-Gen Lesetja Senona are alleged to have colluded with them in crime cover-ups for financial or other means of gratification. While the commission's adoption of the 'Broken Windows' approach — applying zero tolerance even to the smallest acts of corruption and criminality — is laudable in principle, its application appears to be racially skewed. This is not wholly the fault of the commission, but also its constraint, occasioned mainly by its restrictive timeframe and, to a lesser extent, its mandated terms of reference (ToR). Though the ToR are broader than simply investigating KwaZulu-Natal police commissioner Lt-Gen Nhlanhla Mkhwanazi's original allegations concerning criminality, political interference and corruption in the country's criminal justice system, the commission has found itself mostly saddled with evidence linked to his allegations. Embroiled in the allegations are mainly our black fellow citizens. White-collar crime has netted billions for its perpetrators. However, it has surprisingly attracted relatively muted national outrage. And the legitimate question is why. Crime worth millions, as epitomised by alleged lowly crooks such as Brown Mogotsi, Vusimusi 'Cat' Matlala, Joe 'Ferrari' Sibanyoni, Hangwani Maumela, suspended Ekurhuleni metro police deputy chief Julius Mkhwanazi, Fanie Nkosi and Katiso Molefe, pales into insignificance when compared to the not-so-easily discoverable white-collar crime, which often runs into billions. In stark contrast, though, the more sophisticated white-collar crime suspects and convicted criminals manage to keep it on the down low. No fancy clothes or cars. No ostensible bodyguards. A life of almost obscurity. Yet, their alleged proceeds are monumental. Think of the late Markus Jooste of Steinhoff (R106bn), Tongaat-Hulett's Murray Munro and other executives (R12bn), Bosasa (R2.37bn), the DA's blue-eyed boy Mark Burke (R4bn) and many others. Watching some of the alleged corruption perpetrators squirm as they cut a pitiful spectacle, while their lies collapse under the microscopic scrutiny of the razor-sharp Madlanga jurists, but their white counterparts escape the public glare, is sometimes saddening. Some of them choose to hide behind the tired constitutional refuge of the right not to incriminate oneself. However, the stellar performance was recently exhibited by retired Hawks boss Lebeya. As the commissioners peeled off his alibi layer by layer until he was left dressed only in his lies, his eyes were popping out wide like a stunned gazelle blinded by lights in the dark. Black crime's carelessness is that it grows a big, conspicuous face by flaunting its ill-gotten wealth to all and sundry. It is a small fish with a big face. Without noticeable exception, they buy designer cars, furniture and clothing, and throw lavish parties. For protection from official scrutiny and accountability, they widen their beneficiary network to state institution officials and senior politicians, in the illusion their crimes would remain concealed. We would otherwise be grateful for their naivety, had it not been for the unintended blinding of our law enforcement institutions to the perpetration of the far more nationally impoverishing white-collar crime. What particularly triggers the nation's outrage is the collusion of our guardian institutions, particularly our law enforcement institutions, in crime. It leaves citizens unprotected when law enforcers become lawbreakers. And, when the tentacles of this malaise allegedly reach even the highest office in the land — for instance, the Nkandla and Phala Phala scandals — it hollows out trust in state institutions and renders the citizens vulnerable. Mathibela is an agile coach and a Lean Six Sigma black belt consultant. He writes in his personal capacity. Sowetan