Illicit financial flows, state capture, and the right to development in South Africa

Abstract

In recent time, the buzz word in South Africa has been “state capture” which is a “severe form of Corruption” associated with illicit financial flows (IFFs) which explains the modus operandi of grand corruption. This chapter argues that state capture deprives the state of resources needed for the achievement of the right to development (RTD). In making its case, the chapter shows that although the RTD is not formally provided for by the South African Constitution, it is an “implied” right that should be given effect to. It also demonstrates the direct link between state capture, IFFs, and the non-realisation of the RTD in a country endowed with natural resources. It was found that reinforcing the country’s democratic institutions and meaningfully improving the ability of civil society to monitor and check on the exercise of government power should help protect the state from eventual and foster the prospect for the enjoyment of the RTD.