The proposed Anti-Corruption Bill seeks to create an independent commission to investigate and prosecute high-level corruption in South Africa. File Picture: Itumeleng English / Independent Newspaper
The Democratic Alliance (DA) has announced the Constitution Twenty-First Amendment Bill, also known as the “Anti-Corruption Bill,” to Parliament.
The party promised that as outlined in their 2024 Election Manifesto, the Bill seeks to introduce an Anti-Corruption Commission (ACC) as an independent, Chapter 9 institution focused solely on investigating and prosecuting serious corruption cases.
Chapter 9 of the South African Constitution establishes independent institutions, such as the Public Protector and the Auditor-General, to promote democracy and accountability.
These institutions operate independently of the government, safeguarding them from political interference.
According to advocate Glynnis Breytenbach, DA spokesperson on Justice and Constitutional Development, the Bill aims to establish an ACC that is independent from the justice minister and the President.
Currently, the National Prosecuting Authority (NPA) is the only institution with the power to prosecute those accused of serious corruption and high-level organised crime.
However, Breytenbach noted that in practice, the NPA lacks the institutional independence and resources to effectively prosecute these complex crimes.
She further explained that the DA’s Anti-Corruption Bill seeks to rectify this by creating a fully independent Chapter 9 institution with the sole mandate of investigating and prosecuting high-level perpetrators.
“The DA’s Anti-Corruption Bill seeks to rectify this by creating a fully independent Chapter 9 institution, with its sole mandate being the investigation and prosecution of high-level perpetrators,” said Breytenbach.
Key provisions of the Bill include ensuring the ACC’s institutional and operational independence, with its own staff and a budget determined by the National Treasury, protected tenure for its members accountable solely to the Constitution and the rule of law, and the authority to both investigate and prosecute serious corruption cases.
Breytenbach stated that after the madness of the “State Capture” years, the effects of which we are still feeling, it is high time that we take our country’s battle against corruption to a higher gear.
The party added that by creating a new unit, expertly staffed and fully independent, with the same status as the Auditor-General or the Public Protector, the country can tackle high-level crimes head-on and further strengthen our democracy, free of corruption.
IOL