[Question] How is resignation an escape from prosecution for corruption ?

[gac]

Can anybody in the legal know explain why it is that more often than not a government official/politician in the process of being "discovered" for impropriety / corruption simply resigns and escapes the net?

Why is it that if Joe Public does something wrong he/she stands to be brought to book regardless of their whereabouts but a government official/politician can commit corruption and get off the hook by "resigning"?

The Terence Nombembe matter is a case in point and if one were to search back I'm certain there are many others.

[gac]

Apologies, not Terence Nombembe (Auditor General - he's a good guy ?) but rather Enoch Gongondwana.

[Blurock]

Why is it that if Joe Public does something wrong he/she stands to be brought to book regardless of their whereabouts but a government official/politician can commit corruption and get off the hook by "resigning"?

...because fraud and corruption is a political passtime!

[gac]

JaJa but I'm wondering if there is a legal reason.

[Dave A]

Sometimes it's friends in the right places, I guess - but sometimes it's expediency.

I recall one in the early days of the SETAs setup. The CEO was caught with finger in pie, and the Board resolved to "pursue the matter vigorously." The CEO concerned defended with equal vigour, and ultimately due to his position he was the only one who knew where the real skeletons were buried.

The money was never recovered. Legal fees ran to 7 figures on the SETA's side alone. There was enough evidence at the "balance of probabilities" level, but not quite enough really damning evidence to satisfy "beyond reasonable doubt."

In cold analysis after the fact, a wiser Board would have recognised from the outset that there was enough to dismiss, but not enough to sue - and wouldn't have thrown good money after bad. It would have been a galling call to make for sure, but...

Sometimes you just have to settle for stopping the rot.

[Justloadit]

Well if he resigns, there is no reason to investigate any further. Case Closed!

[gac]

Surely there are criminal and/or civil grounds on which to prosecute in many of the cases?

[Justloadit]

Surely there are criminal and/or civil grounds on which to prosecute in many of the cases?

There is criminal/civil grounds, the problem is proving that the action took place categorically. In many cases the paperwork is a shambles, that the amount of investigative requirements, is far beyond the capability of our local law enforcement, and will create more losses in trying to prove a circumstantial case.

[wynn]

Well 'Enoch' can obviously feel the fingers of the law around his collar because he is already crying sick/bad health/stress/diabetes as the reason he resigned, probably in anticipation of a sentance of jail time.

[gac]

Oh jeez not another "sick" corrupt official. I may have missed the reports but COSATU seems to be awfully quiet on this matter. Given the allegations involve substantial amounts of union Member funds I would have thought there would have been a riot.

[Dave A]

I may have missed the reports but COSATU seems to be awfully quiet on this matter. Given the allegations involve substantial amounts of union Member funds I would have thought there would have been a riot.

The low profile is hardly surprising - There's sure to be union officials among the trustees that signed off on those fund movements.

[gac]

The case is hotting up by the looks of things and the net is closing in. According to Mail & Guardian pressure is mounting within Govt and from Trade Unions. M&G also reports that one of the Trade Union officials who signed off the loan is the brother of Mrs Gongodwana. Gobsmacked? no not at all.

[wynn]

further to the mix now how is Patel involved???

http://mg.co.za/article/2012-01-24-patel-told-to-clear-the-air-on-canyon-springs-controversy

http://mg.co.za/article/2012-01-24-jailed-buthelezi-to-be-grilled-in-canyon-springs-inquiry

[Dave A]

He was secretary general of SACTWU at the time the "investments" were made from the pension funds.

[wynn]

Oh $#!t another sick one, what is it? when you get caught you get sick?

http://mg.co.za/article/2012-01-30-kawie-too-depressed-to-testify-at-canyon-springs-probe