New Anti-Corruption Bill aims to strengthen South Africa’s fight against corruption

According to the DA’s spokesperson on Justice and Constitutional Development Glynnis Breytenbach, an Anti-Corruption Bill will tackle and hold those implicated in corruption accountable. Picture: Thobile Mathonsi

According to the DA’s spokesperson on Justice and Constitutional Development Glynnis Breytenbach, an Anti-Corruption Bill will tackle and hold those implicated in corruption accountable. Picture: Thobile Mathonsi

Published 18h ago

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The DA has introduced the Constitution Twenty-First Amendment Bill (the Anti-Corruption Bill) to Parliament.

The Bill seeks to introduce an Anti-Corruption Commission (ACC) as an independent Chapter Nine institution, whose mandate would solely focus on investigating and prosecuting high-level corruption cases.

The party believed that the Bill would rectify the NPA’s incompetence, noting it lacks the institutional independence and resources to prosecute complex crimes.

The DA spokesperson on Justice and Constitutional Development, Glynnis Breytenbach, explained the tabled bill is not inclusive of whistle-blowers.

However, another bill that protects whistle-blowers after they have exposed corruption cases is in the pipeline by the DA.

“We have a Private Member’s Bill about to be introduced that will deal with witness protection and whistle-blower protection separately,” said Breytenbach.

Citing Zondo Commission hearings, Breytenbach indicated the ACC would also prosecute politicians who have been implicated in heinous corruption crimes, but have never been detained before.

“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. 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.

“By creating a new unit, expertly staffed and fully independent, with the same status as the Auditor-General or the Public Protector, we can tackle these high-level crimes head-on and further strengthen our democracy free of corruption,” said Breytenbach.

The DA’s introduction of the Bill was not part of the Government of National Unity’s statement of intent, said Breytenbach.

Breytenbach explained that the ACC will be an institution that operates independently.

“The ACC shall be both institutionally and operationally independent; meaning that it will have its own staff and its budget will be determined by the National Treasury and not according to the whims of the Minister or the President,” she said.

Breytenbach asserted that members of the ACC will be subject and responsible to the Constitution and the rule of law.

“The ACC shall be able not only to investigate but also to prosecute these serious cases,” said Breytenbach.

Campaigns officer on Corruption at AfriForum, Charne Mostert, noted the Bill was long overdue, as South Africa has been marred with unprecedented levels of corruption.

She said the Bill would be the ultimate clamp down on corruption.

“Corruption has been growing in South Africa. I believe it will clamp down on corruption, but not control it. There have been serious corruption allegations against government officials and this bill, will clamp down on the mass corruption the country has faced. This Bill is more necessary than ever to combat corruption,” said Mostert.