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North Macedonia

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for conviction of corruption by officials. The government generally implemented the law, but there were reports officials engaged in corruption. NGOs stated the government’s dominant role in the economy created opportunities for corruption. The government was the country’s largest employer; some analysts estimated it employed as many as 180,000 persons, despite official statistics showing public sector employment of approximately 128,000 persons.

Corruption: In its May 29 report, the EC noted the country has “some level of preparation,” and “good progress has been made through further consolidating a track record of investigating, prosecuting and trying high-level corruption cases, and changes to the legislative framework.” The report specifically noted the February 8 appointment of the new State Commission for Prevention of Corruption (SCPC) was more transparent than before and highlighted steps taken by the commission to proactively fight corruption. The commission also acknowledged, however, prevalent corruption in many areas remained a concern.

As of August 26, the SCPC received 465 citizen and 12 whistleblower complaints, the majority dealing with misuse of public funds, failure to exercise due diligence, and other nonethical conduct. In addition, the commission received 81 conflict of interest complaints. The SCPC opened at its own initiative 21 cases involving allegations of corruption, and another 65 nepotism cases. The commission also published 68 decisions that resulted in public reprimands against public officials, the recommendation of disciplinary action against four public officials, and a proposal to dismiss another official.

On August 21, the Skopje Criminal Court issued a 30-day detention order for Chief Special Prosecutor Katica Janeva for “abuse of official position” in relation to the “Racketeering” case. Her detention followed the July 15 Skopje Criminal Court detention order against 1TV Manager Bojan Jovanovski (aka “Boki 13”) and businessman Zoran Milevski in the same case. The Prosecutors’ Council dismissed Janeva on September 15 upon parliament’s recommendation. The trial was scheduled to begin December 3.

On September 13, the chief public prosecutor assumed authority over the SPO cases and announced he would assign the cases to the appropriate prosecution offices based on their competencies.

On March 8, the Skopje Criminal Court convicted and sentenced former UBK director Saso Mijalkov to a three-year prison sentence in the SPO “Titanic 2” case, on charges of illegal gain resulting from unlawful influence trading to commit election fraud in connection with the 2013 local elections in Strumica. The court also sentenced Democratic Party of Albanians (DPA) leader Menduh Thaci to three years in prison; former VMRO-DPMNE State Election Commission members Sasho Srcev, Aneta Stefanovska, and Vlatko Sajkovski to three years in prison each; and DPA member Bedredin Ibraimi to four years and six months in prison for misuse of official authority. Defense appeals were pending before the Skopje Appeals Court as of September 10.

Police arrested and brought to prison SPO “Trust” convict Sead Kocan on August 1 to serve his four-year-and-eight-months sentence for public procurement fraud. On March 11, the Skopje Appellate Court upheld convictions of Sead Kocan and Vasilije Avirovic in the case. The court also upheld an order to confiscate €17.3 million, ($19.03 million), the largest amount ever confiscated by courts in North Macedonia.

A Hungarian court denied on June 27 North Macedonia’s request to extradite former prime minister Gruevski, who fled to Hungary November 2018 after the court rejected his appeal and ordered him to report to prison to start serving a two-year sentence in the “Tank” case involving the fraudulent procurement of a 600,000-euro ($660,000) armored Mercedes Benz in 2012. Hungary granted him asylum. Additionally, the Ministry of Justice shared October 7 it had received notification from Hungarian authorities on August 5 that Hungary’s Supreme Court had denied North Macedonia’s request to extradite Gruevski in the case against the organizers of the April 27, 2017 parliament violence. Previously, on June 27, a Hungarian court denied Gruevski’s extradition in relation to the SPO “Tank” case. Also, November 13, Skopje Criminal Court dropped charges against Gruevski in the SPO “Trajectory” case due to that statute of limitations taking effect.

Financial Disclosure: The anticorruption law requires appointed and elected officials and their close family members to disclose their income and assets and provides penalties for noncompliance. The public may view disclosure declarations on the SCPC’s website. The commission routinely received and checked conflict of interest statements submitted by public officials. In a prominent case, the SCPC found a conflict of interest involving Deputy Prime Minister for Economic Affairs Kocho Angjushev and businesses in which he had an interest.

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South Africa

Section 4. Corruption and Lack of Transparency in Government

The law provides for criminal penalties for conviction of official corruption, and the government continued efforts to curb corruption, but officials sometimes engaged in corrupt practices with impunity.

At least 10 agencies, including the SAPS Special Investigation Unit, Public Service Commission, Office of the Public Prosecutor, and Office of the Auditor General, were involved in anticorruption activities. During the year the Office of the Public Protector, a constitutionally mandated body designed to investigate government abuse and mismanagement, investigated thousands of cases, some of which involved high-level officials.

According to the National Prosecuting Authority (NPA) 2018-2019 Annual Report, from April 2018 through March, the NPA recovered 172,000 rand ($11,900) against a target of 2.5 million rand ($173,000) from government officials involved in corruption, a 92 percent decrease from the prior 12 months. Courts convicted 210 government officials of corruption during the period.

Corruption: Official corruption remained a problem in prisons. After substantive and widespread bribery allegations surfaced against the firm African Global Operations (formerly the Bosasa group), the Department of Corrective Services canceled multiple contracts it had with it, including a prison catering contract worth more than 200 million rand ($13.9 million). The DHA also canceled its contract with Bosasa to manage its migrant repatriation center.

Financial Disclosure: Public officials, including members of national and provincial legislatures, all cabinet members, deputy ministers, provincial premiers, and members of provincial executive councils, are subject to financial disclosure laws and regulations, but some failed to comply, and departments filed the majority of their reports late. The declaration regime clearly identifies the assets, liabilities, and interests that public officials must declare. Government officials are required to declare publicly their financial interests when they enter office, and there are administrative and criminal sanctions for noncompliance, but no defined unit is mandated to monitor and verify disclosures of government officials. The government made public declarations by government officials but not those of their spouses or children. Public-service regulations prohibit employees of departments from doing business with the state, a prohibition not always respected. Annual disclosure of financial interests may be submitted electronically through the eDisclosure system to simplify the process of disclosure of financial interests.

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