Professional Documents
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To cite this article: Paul Anthony Bowen , Peter J. Edwards & Keith Cattell (2012) Corruption in the South African
construction industry: a thematic analysis of verbatim comments from survey participants, Construction Management and
Economics, 30:10, 885-901, DOI: 10.1080/01446193.2012.711909
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Construction Management and Economics (October 2012) 30, 885–901
Corruption is a pervasive stain on the construction industry in many countries. South Africa is no exception.
A questionnaire survey showed that corruption there is perceived to be widespread. Beyond the quantitative
survey findings, thematic analysis was used to explore the verbatim comments offered by many survey partic-
ipants. This analysis clarified the nature and extent of corruption more precisely and four predominant
themes emerged: involvement in corruption, forms of corruption, factors that may give rise to corrupt activi-
ties, and the means of combating corruption. Public officials are thought to be actively involved in acts of
corruption, particularly in the soliciting of bribes and in tender manipulation. Professional consultants and
other actors in the construction supply chain are not above reproach. Forms of corruption centre largely on
appointment and tender irregularities, and to a lesser extent on contract administration and closeout irregu-
larities. Factors instrumental in corruption include the skills shortage within the industry, a perceived
absence of deterrents and sanctions, and poor ethical standards. Procedural impediments, fear of victimiza-
tion and personal attitudes all act as barriers to combating corruption. While confirming opportunity, pres-
sure and self-justification as the three pillars of the Cressey ‘Fraud Triangle’ theory of corruption, the
research findings suggest that a more dynamic interpretation of this model is advisable. In addressing cor-
ruption, at least in the public sector, improvements in procurement processes are needed along with shifts
towards higher standards of ethical behaviour among public sector employees at all levels. Greater procure-
ment process transparency (in both public and private sectors of the industry) would address the worst
effects of undue political interference and nepotism. The South African construction industry (particularly
its statutory professional councils and contractor affiliation bodies), together with public sector agencies and
private sector client associations, should collaborate to adopt a more proactive stance against corruption,
and be more engaged with detecting and reporting it.
participant levels and in all phases of construction servants, and does not take into account the fact that
projects, noting also that the impacts of corruption corruption also prevails in the private sector. UNDP
extend beyond the industry itself. The quality of (2008, p. 7) now uses a broader definition: the ‘mis-
delivered projects may be impaired, thus affecting use of entrusted power for private gain’.
users’ safety and satisfaction; higher costs of projects Conflict of interest and unethical conduct, while
may be reflected in higher rentals, higher cost of liv- not mentioned in the earlier UNDP definition, or in
ing, and less money available for government to spend the subsequent broader interpretation, should also be
on other public sector policies such as welfare, health regarded as lying on the continuum of corrupt activ-
and education. ity, since they involve seeking personal gain at the
A web-based survey explored corruption in the unfair disadvantage of others. Indeed, conflict of
South African construction industry. The quantitative interest is firmly aligned with corruption by Transpar-
findings of that survey are reported elsewhere (Bowen ency International (2010b).
et al., 2012), but that analysis did not deal with the
qualitative data provided by some survey participants in
response to open-ended questions. Thematic analysis Corruption generally
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was subsequently used to examine the verbatim Corruption is a growing challenge for businesses and
responses. The purpose of this paper is to report on the society (Transparency International, 2009). Oster-
findings of the thematic data analysis, both as a means mann and Staudinger (2008) indicate that corruption
of clarifying issues of concern and to explore them represents 5% of the volume of total global economic
against the perspective of theoretical understanding. output translating into some US$1.5 trillion per year.
The paper commences with a brief background lit- Corruption is reported to increase income inequality
erature review, followed by an explanation of the and poverty (Gupta et al., 2002). Dreher et al. (2007)
research method, data collection process and thematic identify the impacts of corruption on the world econ-
data analysis. The themes and sub-themes from the omy as leading to low economic growth, stifled invest-
data analysis are presented and discussed, using ment, increased inequality, and the inhibited
examples from the verbatim responses, and conclu- provision of services.
sions are drawn. Cressey (1973) developed a fraud model, highlight-
ing three factors necessary for fraud to occur: need or
pressure (e.g. an employee’s perceived immediate
Background to the study need for assets; coercive persuasion), opportunity (the
Corruption defined perception that the workplace environment is condu-
The Chartered Institute of Building (CIOB, 2006), cive to committing the corrupt act, i.e. that the
drawing on opinions and experiences of the construc- opportunity exists), and rationalization (self-justifica-
tion, engineering, surveying, architecture, facilities tion that committing the corrupt act is consistent with
management and legal fraternities, reported on cor- the person’s own code of ethics, i.e. rationalizing the
ruption in the UK construction industry. A small act). The implication of this model is that, where the
majority of respondents saw corruption in the indus- three factors are present in any business situation,
try to be fairly common. A lack of a clear definition fraud is almost inevitable. While Cressey’s model
of ‘corruption’ was apparent, and hence the presence dwells upon criminal fraud, it is reasonable to sup-
of ambiguity among industry stakeholders as to what pose that it is also applicable to corruption, failure to
constitutes corruption. Differing perceptions were comply with ethical standards of behaviour, and even
held regarding the degree to which certain acts are to perceived conflicts of interest. The ‘Fraud
corrupt, i.e. ‘shades of grey’ were found to exist. Triangle’ is used as a theoretical lens to consider the
Despite these ambiguities the CIOB (2006, p. 23) research findings reported in this paper.
concluded that ‘corruption is present in most aspects
of the UK construction industry’.
Forms and extent of corruption
According to the United Nations Development
Programme (UNDP, 2008, p. 7), its earlier 1998 pol- Grobler and Joubert (2004) and Hartley (2009)
icy paper defined corruption as: ‘the misuse of public identify the main forms of corruption as: patronage,
power, office or authority for private bene- nepotism, bribery, ghosting, kickbacks, front compa-
fit——through bribery, extortion, influence peddling, nies, embezzlement, bid rigging and collusion, and
nepotism, fraud, speed money or embezzlement’. conflict of interest.
UNDP suggests this definition is limited because it Forms of corruption in the Malawian construction
considers corruption a sin of government and public industry were found to include bribery, fraud, collu-
South African construction industry 887
sion, price fixing, kickbacks and negligence (Shakantu subcontractors had been exposed to construction
and Chiocha, 2009). Shakantu (2006) provides a sim- industry-related acts or transactions that they would
ilar catalogue for South Africa. consider unethical. Bid shopping, change order
Zou (2006) identifies the forms of government offi- games, payment games, unreliable contractors and
cial/client/consultant-centred and contractor-centred claims games were identified as prominent issues——a
corruption present in the Chinese construction indus- multitude of corruption opportunities. Competitive
try. The first category includes administrative interfer- pressures in a low-profit margin industry (a rationale
ence, the illegal award of contracts or subcontracts, for corruption) and other industry factors were cited
the disclosure of confidential information to certain as complicating factors.
tenderers, and the extortion of kickbacks by clients
and government officials from contractors. Contrac-
tor-centred corruption is found to comprise the offer- Detection and prevention of corruption
ing of bribes (money or benefits in kind) to clients or
The practical difficulties associated with the preven-
tender committee members in an endeavour to secure
tion and detection of corruption are noted by Pillay
a tender, collusive tendering and bid rigging, invoice
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domain. To make such disclosure in defiance of the regulate the registration and professional activities of
law could result in criminal sanction. construction professionals in South Africa, thus facili-
In May 2011 the Construction Industry Develop- tating the ‘reach’ essential for this type of survey.
ment Board (CIDB) announced the launch of the Target groups included South African Property
Construction Sector Transparency Initiative (CoST). Owners’ Association (SAPOA) members (building cli-
This international, multi-stakeholder initiative is ents); construction project managers (Pr.CPM); archi-
designed to increase transparency and accountability tects (Pr.Arch); civil engineers (Pr.Eng); quantity
in the construction industry. More specifically, it is surveyors (Pr.QS); and construction managers (Pr.
the CIDB’s intention to introduce requirements of CM) registered with their relevant statutory councils.
transparency and integrity management in construc- The prefix ‘Pr.’ indicates professional registration sta-
tion procurement——in partnership with other public tus with the appropriate council. All survey participants
and private sector stakeholders. The recent launch of are registered professionals. Following a pilot survey to
the independent anti-corruption ‘watchdog’ Corrup- test the data collection instrument, the web survey was
tion Watch by the Congress of South African Trade launched in mid-January 2011 and remained accessible
Unions (Cosatu) is a further indication of concerns online until mid-March 2011. Potential participants
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regarding the rapidly increasing corruption levels in were e-mailed by their respective associations or statu-
South Africa. These local initiatives augment those tory bodies, invited to participate, and given a URL
taking place internationally through the work and pol- where the questionnaire could be accessed online. Dis-
icy statements of organizations such as FIDIC (Inter- regarding notified e-mail rejection messages
national Federation of Consulting Engineers), (‘bounces’), indicative response rates to the question-
Transparency International and the Global Infrastruc- naire survey are shown in Table 1.
ture Anti-Corruption Centre. For surveys of this nature, response rates are not
Against this background, the aim of the research was critical, since conclusions do not necessarily need to be
to explore forms of corruption, the factors that influ- generalized (see Fricker, 2008). It might be argued that
ence it, and methods of detection and prevention in the direct evidence of even one incident of corruption is
context of the construction industry in South Africa. sufficient to taint a whole industry, and thus becomes a
matter of concern. On the other hand, with this type of
Research method survey, the sample is largely self-selecting once the tar-
get groups have been approached. These are respon-
A web-based questionnaire survey was used to elicit dents who want to express their opinions about
the perceptions of clients and construction industry corruption in the South African construction industry.
professionals regarding the nature and extent of cor-
ruption in the construction industry in South Africa. Question design
The quantitative findings from this survey are pre-
sented elsewhere (Bowen et al., 2012). In addition to Likert-scale and multiple-choice ques-
Beyond the quantitative evidence sought through tions aimed at eliciting quantitative responses, the
the survey instrument design, it was thought that a survey questionnaire provided opportunities for open-
more invitational, open-ended approach to data col- ended answers from participants. This was done via
lection might yield additional value by capturing the ‘other’ options in the question catalogues for issues
direct experiences of people involved in the processes such as: direct experience of corruption; prevalence;
and products of the construction industry. The survey parties involved; association and extent of forms of
participants were invited, through the use of open- corruption with particular parties; factors giving rise
ended question options, to provide relevant informa- to corruption; stages most susceptible to corruption;
tion. These data are not susceptible to straightforward and combating corruption. A final item in the survey
quantitative analysis, and the content of the verbatim questionnaire invited respondents to give unstructured
responses is thus dealt with thematically in this paper. open comment about, and personal experience of,
any matter pertaining to corruption in the South
African construction industry.
A total of 390 ‘sets’ of comments (a set may com-
Survey sample
prise more than one sentence) were received from
The full web-based, online questionnaire survey was 176 respondents (see Table 2). For 36% of the survey
administered to particular groups involved in the con- respondents to avail themselves of the opportunity to
struction industry in South Africa. Data were collected express their opinions more directly suggests that feel-
from building clients, professional consultants, and ings about corruption in the South African construc-
registered construction managers. Statutory councils tion industry run quite high.
South African construction industry 889
Response
Population Respondents rate
Participant group Registration or professional body (N) (n) (%)
Construction SA Property Owners’ Association 3929b 50 1.3
clients
Project managers SA Council for the Project and Construction Management 1782b 44 2.5
Professions
Architects SA Council for the Architectural Profession 2324 78 3.4
Civil engineers SA Institution of Civil Engineering/Consulting Engineers SA 2000a 132 6.6
Quantity surveyors SA Council for the Quantity Surveying Profession 1477 139 9.4
Construction SA Council for the Project and Construction Management 696b 50 7.2
managers Professions
Totals 11608 493 4.2
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Notes: aEstimated ‘N’: The Engineering Council of SA (ECSA) does not identify separate discipline sub-groups.
b
The response rates for SAPOA members, CPMs and CMs are likely to be considerably higher than stated as many of them are also
practising architects, engineers and quantity surveyors.
Note: The 390 comments made by respondents yielded a total of 997 pieces of coded text, resulting in 110 free nodes, 13 axial nodes and 4
themes. The verbatim quotations cited here were manually sourced back to their respective stakeholder groups.
Thematic analysis
Braun and Clarke (2006) provide procedural guide-
Thematic analysis is a qualitative approach to lines for conducting thematic analysis. The phases of
examining research data, in order to understand and thematic analysis, similar to the data analysis process
represent the experiences of people as they encounter, for the development of grounded theory (Charmaz,
engage with and live those experiences (Elliott et al., 2006), encompass familiarizing oneself with the data;
1999; Denzin and Lincoln, 2005). It is used to iden- generating initial codes; searching for themes; review-
tify, analyse and report patterns or themes within ing the themes; and defining and naming the themes.
data. Braun and Clarke (2006) argue that thematic For the thematic analysis, line-by-line open (initial)
analysis is a qualitative research method in its own coding (see Holton, 2007) of the qualitative responses
right, and not embedded within related analytical tra- to the open-ended survey questions was performed
ditions such as grounded theory, discourse analysis, using NVivo (Version 9) analysis application software.
narrative analysis, or interpretive phenomenological This process began with the creation of ‘free nodes’
analysis. extracted from the data. Open coding involves the
Thematic analysis has been used in a variety of examination of participants’ responses with the
contexts and disciplines, for example, text mining; IP intention of classifying and then ‘tagging’ text with
telephony diffusion; care provision for the aged; the codes in order to facilitate later retrieval. Patton (2002,
psychology of premature menopause; and workplace p. 463) refers to verbatim transcripts as ‘the undigested
social identification in small companies. complexity of reality’, needing classification to make
890 Bowen et al.
sense of them. Open codes are provisional, comparative further research. The four identified themes comprise:
and grounded in the data. Cross-participant compari- involvement in corruption; forms of corruption;
sons were undertaken to ensure coding consistency. factors facilitating corruption; and combating corrup-
The 390 verbatim comments made by respondents tion. These are discussed here, together with their
yielded a total of 997 pieces of (verbatim) coded text codes and supported by verbatim (unedited) extracts
resulting in the initial development of 120 free nodes. from the data to highlight important issues. Some 67
After merging free nodes with similar meaning, this of the 390 received comments (17%) are used in this
was reduced to 110. An example of the text coding way. Not only do they enrich the analysis, but they
process is depicted in Figure 1. also convey some sense of the analytical complexity
In the presentation of verbatim quotations, where involved. Issues discussed within the different themes
participants refer to ‘SA’, or ‘RSA’, they are referring are sometimes interrelated. The general framework of
to South Africa. the thematic analysis is shown in Table 3.
Axial coding, or the clustering of items in ‘sets’,
groups together the segments of interview transcripts
that reflect similar themes (termed ‘tree nodes’ in Theme 1: Involvement in corruption
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NVivo). The free nodes are rationalized into ‘trees’, The first theme is centred on the parties seen to be
thereby reducing the number of nodes. Axial codes involved in corruption. This theme carries the highest
identify the central themes embedded in the qualitative level of resonance within the data. Presentation of
data (Creswell, 1998), moving to a higher level of these theme data is based on the Level 2 codes in the
abstraction than the codes they cluster (Bazeley, tree node structure (see Table 3).
2007). After axial coding, 13 codes or tree nodes
emerged, and from the codes four themes were identi-
fied. The whole thematic analysis process thus involves Perceptions about politicians and public service officials
progressively higher levels of data abstraction. A Respondents asserted that politicians, and public sec-
comprehensive description of the process of thematic tor and government officials (at all levels), actively
analysis is provided by Braun and Clarke (2006). engage in corruption within the industry. These pub-
lic office holders are seen to engage in activities
designed to enhance their own wealth, and that of
Corruption themes identified family, friends and associates (i.e. nepotism).
Much of the verbatim data lay securely within the [ENG42] The stage where corruption is most preva-
design parameters of the survey questionnaire; some lent … is the adjudication of the tender. Politicians
data yielded interesting propositions that must await (mayors and councillors) run the show. They often
OPEN CODING:
award tenders to ‘dummy’ contractors for amounts contracts for professional services, or the award of
much higher than the tender recommended by the building contracts to a tenderer:
Consultant. The dummy then sub-contracts the whole
tender to the recommended contractor at the lower [ARCH12] PP1 officials using tender awards as a
tender price. The differences in tender amounts are coercive means for soliciting funds for the ruling
shared between the dummy and the politicians who party, especially in election years.
organised the deal.
Local authority officials are perceived by many
[QS44] It’s a known fact that the awarding of tenders
participants to be actively involved in corruption.
is highly irregular and that many awards go to family
and friends of state officials (not sucked out of my Much corruption is alleged to occur during the tender
thumb read any newspaper). This will have to be adjudication process, whether for professional services
addressed as the resultant shoddy workmanship, late or building contracts:
delivery, non-payment of employees, sub contractors
etc. eventually costs more money. [DEV14] Local Authorities have fine-tuned their cor-
rupt practices. They promise all tenderers they are
Some government departments, such as the South going to influence the award of tenders and then
African Department of Public Works (DPW), are extort kickbacks from the successful bidder. There is
no apparent paper trail.
seen as complicit in corruption by virtue of appointing
people to positions of authority on the basis of politi-
[ENG17] Consultants are no longer involved in the
cal connections rather than competence:
tender evaluations and recommendations. Municipali-
ties refuse to give feedback on tender results for
[QS19] DG’s [Director General] and DDG’s [Deputy professional service providers.
Director Generals] of DPW and other State depart-
ments should come from the recognised construction
professional with appropriate knowledge of [and The problem is perceived by some participants to be
compliance with] ethical standards and codes of con- worse in smaller municipalities:
duct. This sadly is no longer the case and incompe-
tent persons are continuously being appointed in [ENG14] Generally with smaller projects that are
senior positions because of their political connections. handled by smaller Municipalities that do not have
checks in place.
Government officials who are also Political Party 1
(PP1) members are alleged to abuse their positions as Some municipal officials involved in the plan scrutiny
public officials to further the interests of their political and approval process (notoriously slow) reportedly
party. This extortion can apply to the award of abuse their positions of authority by extorting a ‘facili-
892 Bowen et al.
tation’ fee. Building inspectors are also perceived to Architects are also seen to extort kickbacks from sup-
extort bribes for tasks falling within their scope of pliers in return for specifying certain materials. This is
normal employment: evidently done to augment professional fee income:
[ARCH5] Denying approvals for no valid reason [ARCH12] Taking kickbacks from suppliers as a
without bribes being paid. ‘top-up’ to compensate for cut-throat fees.
All these responses speak strongly to the opportunity Project managers are seen to abuse positions of power
leg of the ‘Fraud Triangle’, in terms of people holding for personal gain:
positions of power, with the potential capacity to
engage in corrupt activities. [ARCH21] Contractors do so-called ‘favours’ and
claim that they had no choice. Fixing small items at
Perceptions about professional consultants Project Managers house for instance.
Construction industry professionals owe a fiduciary
duty to their clients, and in discharging their profes- Project managers are also seen to engage in unprofes-
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sional duties are expected to act with honesty, fair- sional conduct to the ultimate detriment of their
ness, impartiality and integrity. Statutory registration clients:
councils and voluntary professional associations in
[ARCH16] Knowingly using inferior materials on a
South Africa have the capacity to apply sanctions to job to save money without permission of architect or
members found to have breached ethical codes of engineer——frequently.
practice. Survey respondents report incidences of
unethical and corrupt behaviour on the part of some Similarly, some consultants are allegedly seen to
professional consultants. Although perceived as being receive ‘kickbacks’, presumably for favours granted to
widespread (the quantitative survey supports this), contractors and/or suppliers:
any such breach or criminal act will affect the reputa-
tions of the construction professions. [PM3] Kick backs to M&E consultants is becoming
Some consultants allegedly participate in dubious an increasing problem.
tender processes, involving both themselves and the
contractor: [CON5] Because Quantity Surveyors get little or no
benefit from generating final accounts, contractors will
[ENG31] In areas like Mthatha, projects are awarded either offer inducement or accept a less favourable
at the planning stages to the consultants and contrac- measurement [settlement] in order to finalise the con-
tors prior to going out to tender. tract and receive final payment.
The implication here is that service commissions to [QS5] Including materials not on site or still to be
professional consultants, along with the consequent delivered into value of work completed [without due
construction contracts, are pre-arranged and awarded; precautions to safeguard their client’s interests].
then subsequently followed by ‘sham’ tender pro-
Here, too, the verbatim responses point to opportu-
cesses. Another implication is that inadequate and
nity as a strong factor in the corrupt activities of
ineffective public administration in remote geographi-
professional consultants.
cal areas is a contributory factor in corruption.
Other consultants reportedly engage in financial
Perceptions about the contractor supply chain
maladministration of projects for personal gain:
The survey respondents’ perceptions resonate strongly
with the ‘construction supply chain’ concept, namely,
[QS17] Once the parties engage in the contract there
is definite scope to ‘hide’ costs from the employer and contractors, subcontractors and suppliers being
over design and over measure is easy. actively involved in corruption. Many main contractors
are also seen to engage in collusive tendering, or delib-
Some architects are seen to conceal the true cost erately employing an opportunistic claims strategy:
estimates of the project from their clients for fear of
the project being shelved or abandoned; a form of [ENG36] Submitting low tenders to secure a
contract, but with the deliberate intention of claiming
economic imperative:
for additional funds after the contract is awarded.
[ARCH26] Inaccurate financial reporting to client for Regarding subcontractors, participants report deliber-
fear of design being rejected. ate over-pricing as a risk reduction measure:
South African construction industry 893
[ENG4] Sub-contractors overprice to cover non-pay- tism. A lack of transparency is often cited as an exac-
ment by main contactor to limit risk of final payment erbating factor:
failure.
[ENG23] It is during the tender and evaluation phase
Suppliers reportedly engage in collusive tendering, a where generally corrupt [public] officials within the
practice designed to confer competitive advantage on client bodies are able to manipulate tenders and
those suppliers belonging to the cartel: tender results to suit their own purposes. This is
where tenders are deemed non-responsive [ineligible]
[ENG53] Suppliers often form rings which seek to based on insignificant reasons in order to elevate
spread work across ‘approved’ members. In the favoured tenderers.
UPVC, PVC pipe environment the major merchants/
manufacturers ran such a ring in the Western Cape [ARCH17] [Unspecified client type] Leaks of project
for many years (1985 to 2006). estimates take place at project planning stage. At ten-
dering stage, leaks of tender price in return for pay-
Additionally, fraud is allegedly practised: ment occurs, at bid evaluation, clients are informed of
the profile of the recommended tender, the informa-
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Clearly, involvement in corruption occurs at a variety [PM1] [Unspecified parties] Lack of transparency and
of levels, and on both the public and private sector the opportunity to collude.
contracts. Widespread involvement of public officials
is reported. Professional consultants are not above Of additional concern here is the reporting by one
reproach, nor are other participants in the construc- ‘Black’ female quantity surveyor respondent of coer-
tion supply chain. The procurement systems used (or cion by a public sector official for sexual favours in
abused), the decision-making capacity of politicians return for the QS appointment to the project:
and bureaucrats, and the devolution of activities down
the construction supply chain all give rise to opportu- [QS42] Sex for contracts demanded by [public
nities for corruption to occur. official] male client representatives.
Some unregistered ‘professional consultants’ are [QS33] [Public officials] Overpaying favoured con-
reportedly practising illegally, in some cases aided and tractors irrespective of the QS’s payment certificate.
abetted by unscrupulous colleagues:
The project closeout phase is perceived by a number
[ARCH18] Unregistered [consultants]——Untraceable of participants as a stage at which opportunities for
on CIPRO [the Companies and Intellectual engaging in corruption abound:
Registration Office]——(posing as built environment
consultants). [ENG45] [Unspecified parties] During the contract
implementation and closeout money changes hands.
[QS28] Some unregistered quantity surveyors open
practices using registered quantity surveyors’ certifi-
[QS1] Bid evaluation and final account provide
cates [from people] employed elsewhere that are not
opportunities [for fraud] to professionals and contrac-
practising quantity surveyors. Unregistered quantity
tors agents alike.
surveyors renting registration certificates.
Professional consultants are also vulnerable at this
Allegations of collusive tendering and kickbacks are
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Contract administration and closeout irregularities [ARCH1] [Unspecified client type] The biggest issue
Corruption occurring during the contract administra- we are exposed to is clients not settling final [fee]
tion period reportedly assumes a variety of forms, accounts, as they know it will be to [sic] expensive for
including, inter alia: the ceding of tenders, the the professionals to settle legally. We need an avenue
approval of sub-standard work, extortion, fraud and to pursue these claims which will not be too costly.
misrepresentation in payment certificates, and the
manipulation of the final account. Some successful The appointment of contractors and professionals
tenderers allegedly cede their tender awards to a third alike is at times clearly subject to the influences of
party, in direct violation of the terms of the contract corruption. This permeates into the contract adminis-
agreement: tration phase, where undue influence and fraud occur
for personal gain. Overwhelmingly these verbatim
[CON8] Ceding of contracts by successful tenderers data evidence the range of opportunities for corrup-
(not allowed according [to] conditions of contract). tion to occur at all stages in the systems of building
procurement used in South Africa.
Some contractors, subcontractors and suppliers are
accused of providing sub-standard workmanship and/
or materials, again in breach of the contract conditions: Theme 3: Factors facilitating corruption
[ARCH13] [Contractors] Provide inferior work or The third theme centres on factors considered to
materials and hide the above [so] as not to be picked facilitate (or at least not to counter) corruption in the
up during inspections. industry. Survey respondents highlighted the skills
shortage within the South African industry (coupled
The extortion of payment for services rendered in with poor process management), public officials not
respect of work ordinarily undertaken as part of one’s setting a good example, the absence of deterrents and
normal job is reportedly commonplace: sanctions, and poor standards of ethics. All of these
can largely be regarded as contributory to the ratio-
[PM3] It is standard industry practice that you are nale requirement of the ‘Fraud Triangle’. Some
obliged to pay [public officials] for work, pay for address the ‘needs’ aspect of the theory.
processing of payments, pay for meetings, and this
payment process starts at the top of most [organiza- Shortage of skills and ineffective processes
tion] structures and the value [amount] decreases as Several survey respondents draw attention to poor
the position of the individual changes. skills levels in government departments and within
the construction industry generally, thereby creating a
Interference in due process is said to occur when fertile environment for corruption to flourish:
public officials, in cahoots with the contractor,
manipulate interim payments to the contractor in [QS43] Poor skills lead to poor financial management
return for personal gain: and lack of auditing procedures which provide ample
South African construction industry 895
opportunity for criminal acts such as bribery, theft, Reporting corruption is seen as fruitless and the
and fraud. construction industry statutory councils responsible
for regulating the professional conduct of consultants
Processes of building procurement are perceived to be are regarded as ineffective (see also Theme 4).
ineffective, particularly on government projects:
Poor standards of ethics
[ENG56] Project planning on government projects is A number of participants pointed to a lack of ‘ethics’
very, very poor. Close Out Reports on government
in the industry as a root cause of the high levels of
projects are almost non-existent.
corruption. The profit motive is seen as the underly-
ing cause:
Public officials as role models
[PM4] People are only focused on profit, ethics is
The involvement of public officials (at all levels) in
something that built environment parties ignore——
corruption is indicated strongly within the verbatim very SAD!!!
data (see also Theme 1). Many respondents cite poor
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It is likely that this respondent is referring to sham Perceptions of procedural barriers to reporting
BEE compliance by various sections of the construc- Respondents consider political and structural barriers
tion industry, rather than to shortcomings in the to exist, rendering reporting more difficult. The
policy itself. involvement of politicians is seen to be an impediment:
896 Bowen et al.
cials is that this person has a family member (sister) was wrong way to treat someone who made a moral
who is the internal auditor at the municipality, hence judgment for the benefit of all working for the com-
no action is taken against this person for corruption pany instead of a few making big gains illegally at the
as he is being protected. cost of project budgets!!
Many respondents perceive formal reporting channels Informing on the perpetrators of corruption is also
to be ineffective, or even risky: avoided for reasons of economic survival:
[ENG45] Have you ever tried to phone a hotline or [ENG6] I believe that corruption during tender and
similar, and remain anonymous or actually report cor- adjudication is so prevalent that an external audit of
ruption successfully? municipalities will result in [discrepancies in] more
than 5 out of 10 audits. It is also extremely easy to
[QS28] Having to make an affidavit before report- audit, since the adjudication process is supposed to be
ing makes whistle blowers [prefer] not to report a mathematical and fairly exact process. The problem
cases of corruption as they may no longer be is that even after a very clear adjudication process, the
anonymous. clients just randomly overrule the consultant and
appoint whomever they want. There should be ran-
Lack of knowledge or understanding on the part of cer- dom audits, which will also assist the consultants who
tain supply chain stakeholders is also seen as do report it, since an audit out of the blue for a spe-
problematic: cific project of yours will be a dead giveaway that you
informed the authorities, and there is NO DOUBT at
all that the specific consultant will never again work
[ENG53] Lack of understanding and knowledge of
for that municipality.
their rights within a contractual environment.
[ENG38] Should you not engage in the bribery, you
Successfully reporting and combating corruption will either not get the job or you will bump into vari-
relies on the provision of evidence (upon which to ous obstacles that will prevent you from doing your
base a prosecution or take disciplinary action). A work as required.
number of respondents draw attention to the diffi-
culties associated with the burden of proof. Posi- [ENG50] Over the last four years I, as consulting engi-
tion within the organization is seen as a neer, have submitted tenders to government depart-
complicating factor in gathering evidence of cor- ments. As a small practice but with more than 25 years
ruption: experience, it is relative easy to be the preferred bidder.
However, with the exception of one time, I’m always
[PM9] Corrupt practices are subtle, well concealed and approached for money, cars, kickbacks or other
difficult to uncover even in forensic audits. Practices favours. I always refuse and never receive the work.
are more prevalent at higher levels than lower levels When I talk to the engineers to whom the contract is
(perception) where systems, processes, audits more awarded, they strongly deny paying the bribes, but
easily prevent or uncover corruptive practices. most of the time you see the client immediately driving
the car he wanted from me. Sometimes I talk to a senior
employee of the other company and he admits most of
[PM11] Brought to the attention of Principal
the time what his bosses did. I have some of these con-
Agent——not enough proof.
versations on tape.
South African construction industry 897
Personal attitudes and perceptions set backs in industry, we will never see the true
Lack of will to become involved in fighting corruption capability of the built environment sector in SA. Sad.
was cited by one respondent:
[PM5] This is a cancer in the industry deserving of
greater vigilance, greater investigation, more criminal
[ARCH16] Most of us do not have the time or the investigation/prosecution and sentencing of perpetra-
resources to give evidence in court or at a hearing. tors and facilitators.
Other respondents pointed to the apparent futility of Some participants consider raising the consciousness
combating corruption. They perceive corruption to be of industry stakeholders to the need for greater moral-
a wider societal problem that is endemic within the ity and ethical conduct imperatives. They look to
industry: statutory councils, voluntary associations and tertiary
institutions to take the lead:
[ARCH22] South African society is moderately cor-
rupt and used to unfair practices and treatment so [ENG19] Combatting [sic] corruption is largely to be
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consequently the threshold of ‘acceptable’ corruption promoted through the consciences of people in the
is high generally. This is reflected in all aspects of life industry. Where there is an opportunity for dishonesty
in South Africa including the construction industry. dishonest people will be dishonest. Integrity must be
promoted through tertiary training and professional
[ARCH23] As long as competitive tendering remains societies.
uncontrolled, i.e. known perpetrators are not
reported/brought to book, these actions will continue,
It is clear that significant barriers exist to combating
and will continue to drive conforming business own-
corruption in the industry. There appears to be a
ers out of the industry.
direct relationship between perceptions regarding the
inadequacies of the criminal justice system, the appar-
A lack of political will by government officials and
ent futility of reporting corruption, barriers to report-
statutory professional councils to fight corruption is
ing acts of corruption, and the perception that
seen as an exacerbating factor:
corruption in the industry is widespread.
[ENG56] [Corruption is] Mostly never reported due
to distrust in system and due to believe [sic] that
Government by and large is corrupt at the top eche- Discussion
lons——decision makers are the most corrupt regard-
less of speeches and verbal commitments to get rid of The verbatim data, and the themes of corruption
corruption. It is all talk to appease masses. identified in this research are contiguously relevant to
the ‘Fraud Triangle’ theory developed by Cressey
[ENG44] When reported to ECSA [Engineering (1973) in which the conditions for criminal fraud to
Council of South Africa] they do not follow up or occur require the presence of opportunity, need or
when they eventually do, after years of persistent fol- pressure, and justification or self-rationalization. The
low-up, it is glossed over. They promise it will be verbatim data identifying the forms of corruption
investigated——and then give no further response until
strongly support the opportunity leg of this theory.
prompted some time later. And this is supposed to be
the regulatory body. It is a case of ‘Who guards the
People who are involved in corruption attempt to take
guardians?‘ [quis custodiet ipsos custodes?] advantage of opportunities that are open or presented
to them; and the exact forms of corruption will be
Perceptions of positive steps to fight corruption heavily dependent upon the nature of those opportu-
Feelings of futility in fighting corruption are not nities. They appear to be most prevalent in the ten-
universally held. Some participants stress the need for dering/bidding phase of the building procurement
improvements in the criminal justice system, and process. Some opportunities may be exploited
harsher sentences for perpetrators: through acts of commission, while others arise
through omission, although the latter should be con-
[PM2] It’s time to stamp out corruption and make strued as flowing from a deliberate decision to not do
provision for harsher sentences and penalties on par- something, rather than from neglect or mistake.
ties engaging in corrupt activities! It is such a pity that Some rationalization for the corrupt activities was
there is this level of corruption in our beloved indus- found, although neither this aspect nor underlying
try (as well as almost every other industry in SA). SA pressures for corruption were expressly canvassed in
has the potential to be a great nation, but with these the survey. They emerged as influencing factors in the
898 Bowen et al.
verbatim comments. Reasons offered for corruption heard anecdotally in South Africa as a euphemism for
included the danger of not obtaining sufficient work, corrupt or unethical behaviour, on the grounds that
the need to counter excessive competition for work, this can be justified as a necessary redress for the dis-
and the difficulties of resisting temptation. Absence of advantages and discrimination suffered under the pre-
suitable role models was also cited, as was ignorance 1994 apartheid government. However, to accept this
of correct procedures. Two responses wrongly rationalization without comment is to court a more
attempted to put a corruption ‘spin’ on particular serious danger. It runs the risk of establishing a cul-
activities: over-pricing by subcontractors to mitigate tural shift that may eventually become intractably
the risk of late or non-payment by contractors entrenched in South Africa generally, and in the con-
(acceptable business risk management——but possibly struction industry particularly, given the prevalence of
fraudulent if the respondent was actually referring to corruption discovered by this research.
over-invoicing); and ceding of contracts by contrac- In terms of the third leg——the underlying need or
tors (possibly a breach of contract but not illegal, and pressure to engage in corruption——the evidence for
generally permitted with the prior approval of the this leg of the ‘Fraud Triangle‘ theory is less strong.
project client/employer——except in terms of South The indirect pressures to engage in corrupt activities,
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Africa’s affirmative action procurement policy). This or to exploit opportunities for corruption, emanate
suggests that some ‘grey’ areas continue to exist with from diverse sources. For some it derives from politi-
respect to what constitutes corruption. Education, cal or status power-plays. For others, the sociological
particularly at the tertiary and postgraduate levels of subtleties of relationships with family and friends may
the professions, needs to address this. lead to nepotism. One verbatim response suggests
Two other reasons are almost certainly unique to pressure arising from the existence of price rings for
contemporary South Africa. Behaving corruptly or particular products and services. The scarcity of direct
unethically is rationalized in terms of doing whatever statements about the need to engage in corruption
is needed to demonstrate compliance with public ten- may be partly explained by the failure of the survey
der criteria aimed at advancing black [ethnic] eco- instrument to request specific data about this. Never-
nomic empowerment (government BEE policies). If theless, any attempt to combat corruption must
such compliance involves setting up sham companies, include efforts to address the underlying influences.
nominating ‘ghost’ personnel, miscounting or wrongly Figure 2 summarizes the opportunities, pressures and
classifying employees, then the justification is simply rationales associated with corruption in the South
‘so be it’. This, however, brings another ‘elephant African construction industry, as developed through
into the room‘. The term ‘struggle accounting’ is the thematic analysis.
Pressures:
a) Political pressures
b) Family / friend relationships
c) Personal enrichment (greed)
d) Economic survival
Opportunities:
a) Abuse of power / position
b) Family / friend relationships
c) Absence of control mechansisms
d) Weak procurement / contractual
structures
e) Little sanction
Rationales:
a) Futility of resistance
b) “Struggle accounting”
c) Too powerful to be
dealt with
Figure 2 Corruption opportunities, pressures and rationales from the thematic data analysis
South African construction industry 899
Pressures
for
corruption
Potential
to engage
Opportunities in corruption
(Forms of
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corruption)
Rationales
for
corruption
The research findings show that some modification turing findings with relevant themes, it drew attention
of the ‘Fraud Triangle’ theory should be considered. to the underlying emotional content in the ‘voices’ of
It is misleading to assume that the three legs (oppor- respondents.
tunity; need/pressure; and rationalization/self-justifica- Concern for the extent and nature of corrupt activi-
tion) each carry equal weight. Opportunity clearly ties in the construction industry in South Africa is
exerts a strong ‘pull’ effect, acting like a magnet to clearly evidenced. The ‘cancer’ of corruption is not
attract parties with the potential capacity to engage in only real, but also widespread in this country.
corrupt activities. Proximity is likely to enhance the Opportunities for corruption were found to arise
effect——the closer the party is to the opportunity, the across almost the entire range of activities involved
stronger the ‘pull’. This attraction then stretches in the building procurement process, but clustered
the cords of pressure and self-justification, vectoring mainly in the tendering and tender evaluation stages.
their ‘push’ effects more precisely so that a particular No parties to the process were completely innocent
opportunity becomes the dominant force. Figure 3 of corrupt acts, but public sector officials were con-
shows this diagrammatically. The ‘dotted arrows’ in sidered to be the most complicit. These findings lead
this figure represent the elasticity of the potential to to the conclusion that, in the public sector at least,
engage in corruption, according to the three forces improvements in procurement processes are needed
involved. However, at this stage this must be regarded along with shifts towards greater standards of ethical
as a hypothesis to be tested by further case-based behaviour among public sector employees at all lev-
research. els.
Each pillar of the triangle——and their effects——- The desire to maintain workloads and reaction to
should therefore be seen as dynamic: changing in nat- excessive competition were offered by private sector
ure, magnitude and perhaps even direction over time parties as economic survival reasons to justify corrup-
in response to particular circumstances and to cultural tion. It could be concluded that stronger counter-
shifts in society’s mores. cyclical construction activity by the public sector
would help to mitigate this pressure on the industry.
Political influence and nepotism were found to
Conclusions exert pressures leading to corrupt acts. Achieving
complete eradication of such pressures is improbable,
Thematic analysis was found to be an appropriate but greater procurement process transparency (in
and effective method for dealing with the ‘other’ and both public and private sectors of the industry) would
open responses from survey participants. Besides cap- address their worst effects.
900 Bowen et al.
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cal Guide through Qualitative Analysis, Sage, Thousand
nents of the triangle are dynamic, responding to con-
Oaks, CA.
textual and temporal effects. This yields a useful
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