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By Johnathan Paoli
Leading expert in public procurement, anti-corruption and development law, Mercantile Law department head Sope Williams from Stellenbosch University (SU) has called out the toxic nature of men in positions of power.
The topic will be in the spotlight at SU on Friday when a documentary entitled “Rising Voices: Unmasking Sexual Corruption in South Africa” will be shown followed by a discussion.
Williams first started delving into the issue of sexual corruption when she was approached by the Open Contracting Partnership, a United States-based NGO, to examine gender-responsive procurement in South Africa.
Her findings reveal that women-owned businesses often face unique challenges in accessing public contracts, including being asked for sexual acts in exchange for securing government tenders.
“I was asked to look at the legal framework on sexual corruption in South Africa. I mapped out the legal framework against sexual corruption in South Africa, looking at the extent to which sexual corruption is criminalised and why those legal frameworks are not working. For the past three years, I’ve been interested in this topic and researching it in different facets in procurement and in other sectors,” she said.
Williams notes that sexual corruption is seldom recognised as a distinct phenomenon within either the anti-corruption framework or the frameworks addressing gender-based violence, and that barriers to reporting sexual corruption and obtaining effective redress further contribute to its low profile.
She emphasises the importance of using the term “sexual corruption” rather than “sextortion,” which havebeen used interchangeably, but taken on different meanings in recent years due to the rise of cyberbullying and blackmail.
She said that women were particularly vulnerable to corruption due to their need for greater access to public services, such as reproductive health care, and that they often bore the responsibility of caring for children, persons with disabilities and the elderly, requiring them to access these services on behalf of their dependents.
“In South Africa, it happens in every sector where there are gatekeepers. We see it in health, education, immigration and public procurement.
“It usually manifests in the same way – a woman might be asked to meet a man who can provide her with access to certain services or opportunities. He then asks for some kind of sexual contact, or sometimes asks for an intimate image for access to the service or opportunity to be granted,” she said.
While accurate statistics are hard to come by due to the sensitive nature of the crime and under-reporting, Williams cites a survey published by Corruption Watch that found 14% of young people had been victims of sexual corruption.
However, she believes the actual prevalence is much higher.
“It’s especially problematic in sectors such as education and immigration. Women who need refugee permits or work permits are extremely vulnerable. We also found that there’s a big problem in the court system, and the extent of sexual corruption in the criminal justice system will shock you,” she said.
While evidence shows that women are disproportionately targeted, men, transgender and gender non-conforming people are also affected.
South Africa’s legal framework against corruption has historically focused on financial transactions, criminalising both the giver and the receiver of bribes, but this approach is inadequate for addressing sexual corruption, Williams asserts.
“Sexual corruption should be treated differently from other corruption, because it includes a sexual offence. We can’t say both the giver and the receiver are complicit and both committed a crime,” she said.
Williams points to several countries that have taken steps to address sexual corruption more effectively.
Tanzania has a separate offence called “sexual bribery” that criminalises the public official who obtains sexual gratification.
India requires organisations with more than 10employees to have committees empowered to investigate reports of sexual harassment or corruption.
Countries like Sri Lanka, Croatia and Brazil have also enacted specific laws to address sexual corruption, recognising it as a gendered crime for which suitable reporting channels are required.
Beyond legislative changes, Williams emphasises the importance of education and awareness-raising.
“As a society we must think about how we can improve education and how we can counter the normalisation of violence against women and girls. It must start in school already, teaching girls and boys that sex should never be a bargaining tool.”
She highlighted the reality that sexual corruption wassometimes treated as an employment matter in workplaces and not seen as a criminal offence.
“By the time sexual corruption comes before a tribunal or court, it’s usually the tip of the iceberg. It takes a special kind of strong person to put themselves through the justice system because it’s brutal on women. You’re often revictimised all over again as you’re being interrogated,” she said.
Williams concluded that to address sexual corruption required an understanding that it was mainly a problem created and perpetrated by men.
“It’s not a problem that can be solved by women, because it’s something that benefits men. We need men to come along as real allies and as feminists and as people who care about the future wellbeing of their own daughters and sisters, to help us deal with this problem,” she said.
The documentary explores the issue of sexual corruption in South Africa through the eyes of victims and survivors.
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