Formation | 30 April 2012 [1] |
---|---|
Founded at | Johannesburg |
Type | Non-profit company |
Purpose | Anti-corruption advocacy Government accountability [1] |
Headquarters | Unit 4, Boskruin Village Office Park, Cnr President Fouche & Hawken Road, Johannesburg, South Africa |
Region | South Africa |
Key people | Wayne Duvenage (CEO) |
Revenue (FY 2020/21) | R40.3 million [2] |
Expenses (2020/21) | R40 million [2] |
Staff (2020/21) | 44 [2] |
Website | OUTA.co.za |
Organisation Undoing Tax Abuse (OUTA) is a registered non-profit Civil Action Organisation, located in Johannesburg, South Africa. The anti-corruption advocacy organisation focuses on tackling government corruption and misappropriation of public funds. It is crowd funded by the public and businesses within the Republic of South Africa. [3] [4] [5] [6]
OUTA's vision is a prosperous South Africa with an organised, engaged and empowered civil society that ensures responsible use of tax revenues throughout all levels of Government.
OUTA's mission is to be a trusted vehicle for positive change, promoting and advancing the South African Constitution and other democratic processes by:
Remaining apolitical, OUTA relies on funding from the public, business and other donor institutions, to perform their work through investigation, research, communication, empowerment and litigation. [7] [8] [9] [10]
OUTA has chosen to focus its efforts on the South African government's management of parastatal entities: Eskom, South African Airways, the South African Broadcasting Corporation and the South African National Roads Agency. This focus is due to the Auditor-General revealing a fivefold increase in irregular spending from 2007 to 2015, with much of the unaccounted-for expenditure taking place at the subnational level. [11] [12] [13]
OUTA is currently involved in a number of investigations, many of which centre around those involved in state capture and corruption related to politically connected officials and business individuals. [14] [15] [16] [17] [18] [19]
OUTA was initially established in early 2012 as the Opposition Against Urban Tolling Alliance, an association of business organisations that grouped together to challenge the South African Government's plan to introduce an urban electronic toll collection, e-toll (South Africa), in the province of Gauteng. [1]
In 2015 OUTA launched its Rule of Law campaign which undertook to challenge the scheme by launching a crowd funded "eToll Defence Umbrella" to defend road users who defied the scheme, in the event that the South African National Roads Agency (SANRAL) issued summonses against defaulters. OUTA's campaign challenged Government's claims, exposed public complaints and system weaknesses, which in turn generated a successful civil disobedience campaign that reduced eToll payment compliance from 40% in June 2014 to around 25% by 2020. [20] [21] [22] [23]
In February 2016, OUTA changed its name to Organisation Undoing Tax Abuse, to accommodate the expansion of its mandate to challenge corruption and maladministration in the South African Government and its state-owned entities. [24]
In June 2017, OUTA provided insights and proof of state capture and corruption to Parliament by releasing its ‘No Room To Hide: A President Caught in the Act’ report, which largely implicated the disgraced former President Jacob Zuma.
Leading up to the vote of no confidence in President Zuma in August 2017, OUTA published its ‘No Room To Hide: A President Caught in the Act’ report, which was a narrative complication of the Gupta leaks which linked him to state capture. [25]
Evidence in the ‘No Room To Hide: A President Caught in the Act’ report lead OUTA to lay treason charges against Public Enterprises director general Mogokare Richard Seleke and Communications Minister Faith Muthambi, fraud and theft charges against Mineral Resources Minister Mosebenzi Zwane, and corruption and fraud charges against Malusi Gigaba as the former Minister of Home Affairs. Several commissions of inquiry insured into the officials influence by the Gupta family. [26] [27] [28] [29]
In 2018 The Judicial Commission of Inquiry into Allegations of State Capture began its public hearings.
OUTA made its first submission to the Zondo Commission on Monday 17 September 2018. [30] [31] [32]
In March 2017, OUTA and the South African Airways Pilots' Association (SAAPA) brought an application in the Pretoria High Court for an order to declare Dudu Myeni a Delinquent Director, based on her conduct and actions during her five-year term as chairperson of the South African Airways (SAA) board.
On 27 May 2020 Pretoria High Court Judge Ronel Tolmay declared Myeni a delinquent director and banned her from holding any directorship position for life. [33]
Myeni was ordered to pay all legal costs of the action. [34] [35]
The judgement and evidence has been referred to the National Prosecuting Authority so a criminal case can be pursued. [36] [37]
South African Airways (SAA) is the flag carrier airline of South Africa. Founded in 1934, the airline is headquartered in Airways Park at O. R. Tambo International Airport in Johannesburg and operated a hub-and-spoke network, serving ten destinations in Africa. The carrier joined Star Alliance in April 2006, making it the first African carrier to sign with one of the three major airline alliances.
Jacob Gedleyihlekisa Zuma is a South African politician who served as the fourth president of South Africa from 2009 to 2018. He is also referred to by his initials JZ and clan name Msholozi. Zuma was a former anti-apartheid activist, member of Umkhonto we Sizwe, and president of the African National Congress (ANC) from 2007 to 2017.
Knowledge Malusi Nkanyezi Gigaba is a South African politician who served as Minister of Home Affairs of the Republic of South Africa appointed by President Cyril Ramaphosa from 27 February 2018 until his resignation on 13 November 2018. He also held the post from 25 May 2014 to 31 March 2017 as appointed by former President Jacob Zuma. He previously served as Deputy Minister of Home Affairs, Minister of Public Enterprises and Minister of Finance in the government of South Africa. He is currently a member of the National Executive Committee of the African National Congress.
Denel SOC Ltd is a South African state-owned aerospace and military technology conglomerate established in 1992. It was created when the manufacturing subsidiaries of Armscor were split off in order for Armscor to become the procurement agency for South African Defence Force (SADF), now known as the South African National Defence Force (SANDF), and the manufacturing divisions were grouped together under Denel as divisions. It is the largest of South Africa's state owned arms companies. The company had been experiencing major financial problems since 2015 and in 2021 it was announced in Parliament that Denel was on the brink of insolvency. The company stated that its woes were due to declining local defence budgets, weakened relationships with key customers and suppliers, the inability to retain or attract skilled personnel, ongoing salary disputes and a Fitch ratings downgrade.
The South African Revenue Service (SARS) is the revenue service of the South African government. It administers the country's tax system and customs service, and enforces compliance with related legislation. It is governed by the SARS Act 34 of 1997, which established it as "an organ of state within the public administration, but as an institution outside the public service." It thus has a significant degree of administrative autonomy, although it is under the policy control of the Minister of Finance. Effectively, SARS manages, administrates, and implements the tax regime as designed by the Minister and National Treasury.
Corruption in South Africa includes the improper use of public resources for private ends, including bribery and improper favouritism. Corruption was at its highest during the period of state capture under the presidency of Jacob Zuma and has remained widespread, negatively "affecting criminal justice, service provision, economic opportunity, social cohesion and political integrity" of South Africa.
Corruption Watch is a South African anti-corruption non-profit organisation that sets out to monitor and expose acts of corruption that involve public resources and donated charitable resources in South Africa. The various focus areas in which the organisation monitors and exposes corruption include corruption in the education sector, police corruption, leadership appointments, corruption in the mining applications processes and its effects of communities, corruption in land ownership and tenure, and public procurement. Whistle-blowers are an essential source for the organisation as their whole operational mode is built upon reports received from whistle-blowers. Corruption Watch is a chapter of Transparency International, and is not affiliated with Corruption Watch (UK).
State capture is a type of systemic political corruption in which private interests significantly influence a state's decision-making processes to their own advantage.
Azwihangwisi Faith Muthambi is a South African politician who was the Minister of Public Service and Administration and Minister of Communications under President Jacob Zuma. She represented the African National Congress in the National Assembly from May 2009 to November 2022, and she has been a member of the party's National Executive Committee since December 2017.
e-toll consists of the electronic toll collection (ETC) processes employed by South Africa's roads agency SANRAL on selected toll roads or toll lanes in the Gauteng province, subject to the Sanral Act of 1998. SANRAL derives its income both from toll income and the national fiscus, while initial capital outlay for large projects are funded by open market bond issues. In total SANRAL manages 13,000 km of non-toll roads in South Africa, besides the majority of its toll roads, including 187 km of Gauteng's freeways which are subject to e-toll.
Duduzile "Dudu" Cynthia Myeni is a South African businesswoman, a former chairperson of South African Airways SOC Limited, and former executive chairperson of the Jacob Zuma Foundation since September 2008.
The Gupta family is a wealthy and influential business family from India, with close ties to former South African President Jacob Zuma and his administration. The family's most notable members are the brothers Ajay, Atul, and Rajesh "Tony" Gupta—as well as Atul's nephews Varun, and US-based Ashish and Amol. The family's business empire in South Africa spanned a variety of industries, including mining, media, and technology. The family name has become synonymous with corruption in South Africa as well as undue influence, and state capture. They have been sanctioned by multiple countries for their activities, with investigations ongoing in both South Africa and the United States. Many prominent South Africans and politicians have been linked to the family's alleged corrupt activities, including members of the ruling African National Congress (ANC) party. The Gupta family has since fled South Africa and their current whereabouts are unknown although since fleeing the country their presence has been reported in Switzerland, the United Arab Emirates (UAE), and Vanuatu.
Jacob Zuma's tenure as South Africa's fourth post-apartheid president began on 9 May 2009 and ended on 14 February 2018. He held office under a mandate from the parliamentary caucus of the African National Congress (ANC), which had governed South Africa since 1994 and which won comfortable majorities in the 2009 and 2014 national elections. His presidency was beset by controversy, and he faced, and defeated, an impeachment attempt and a record eight motions of no confidence in the South African Parliament, four of which went to a vote. His party asked him to resign in February 2018, ahead of the constitutional end of his second term.
Mosebenzi Joseph Zwane was the Minister of Mineral Resources of South Africa in the Second Cabinet of former President Jacob Zuma serving from 2015 until 2018. A controversial figure, Zwane resigned on 25 February 2018 following allegations of state capture and in particular his role in the Vrede Dairy Project, which helped bankroll the Gupta Family wedding.
Tom Moyane is a South African development economist and former commissioner of the South African Revenue Service (SARS).
Bosasa was a South African company specialising in providing services to government, most notably correctional services. It consisted of Bosasa Group, Bosasa Youth Development Centres, and African Global Operations. The company was liquidated in 2019 after a prolonged scandal about its allegedly corrupt relationship with members of the governing African National Congress (ANC), aired during the Zondo Commission of Inquiry.
The Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State, better known as the Zondo Commission or State Capture Commission, is a public inquiry established in January 2018 by former President Jacob Zuma to investigate allegations of state capture, corruption, and fraud in the public sector in South Africa.
Wayne Llewellen Duvenage is a South African businessman, entrepreneur and civil activist. He is currently the CEO of the South African corruption-fighting civil action organisation, Organisation Undoing Tax Abuse (OUTA), involved in fighting corruption and maladministration across all spheres of government in South Africa.
A delinquent director is a term used under Section 162 of the South African Companies Act 71 of 2008, which allows shareholders and other stakeholders to apply to the court to declare a director of a company delinquent.
Mabel Patronella Mentor, known as Vytjie Mentor, was a South African politician, who served as a member of the National Assembly from 2002 until 2014. She represented the African National Congress and served as the party's caucus chairperson between 2004 and 2008. She was chairperson of the portfolio committee on public enterprises from 2009 to 2010. She is credited to be one of the first people to break ranks with the ANC and raise the alarm on state capture.