Beneficial Ownership Transparency (ZA0026)

What is the public problem that the commitment will address? The South Africa Open Government Partnership is developing its 4 th National Action Plan for the 2020-2022 cycle. The SA OGP process had its first beneficial ownership transparency commitment in the 3rd OGP National Action. Several milestones have been achieved in response to the commitment. BOT remains crucial for South Africa’s open governance, and stemming the tide against corruption, moneylaundering and illicit financial flows.

What is the commitment? 1. To review the progress made in the 3rd Country Action Plan and align it with the priorities of the 6th Administration, especially the work done under the Security Cluster. 2. To propose the course of action on carrying forward with the BOT commitment under the OGP auspices given the sixth Administration priorities.

Action Plan Review

3. Beneficial Ownership Transparency

• Verifiable: No                                                    

• Does it have an open government lens? Yes

• Potential for results: Unclear

• Clustered: No

Results Report

Commitment 3. Beneficial Ownership Transparency

● Verifiable: No

● Does it have an open government lens? Yes

● Potential for results: Unclear

● Completion: Not started

● Did it open government? No early results to report yet

This commitment aimed to review the implementation progress of the beneficial ownership transparency commitment in the previous action plan and to propose a course of action. ^[10] The commitment text did not include specific milestones. Regardless, the IRM researcher did not find evidence of meetings or task forces to review progress made under the previous commitment. Nor did they find evidence of a report or other document on the strategy to advance the reform. Therefore, the researcher determined this commitment had not been started.

During the previous action plan, South Africa committed to implement the G20 high-level principles on beneficial ownership transparency, set up an Inter-Departmental Committee to monitor the implementation, and develop an implementation plan. ^[11] There is evidence that the Inter-Departmental Committee was established. ^[12] South Africa has also sought to amend the Financial Intelligence Centre Act, 2001; the Companies Act; The Trust Act; and the Nonprofit Organisation Act in an effort to comply with the G20 high-level principles on Beneficial Ownership Transparency and Financial Action Task Force requirements.

However, the current iteration of South Africa’s OGP commitment to beneficial ownership transparency did not outline specific activities or a policy objective it sought to advance. Therefore, it is not possible to attribute these efforts to the OGP commitment. As a result, this commitment was not found to have opened government.