State of the Nation 2024
Type of recommendation
Permanent Anti-Corruption Commission
Part 6, Volume 4, Page 1227
Category- Constitutional Change
- Permanent Anti-Corruption Commission
Part 6, Volume 4, Page 1227
Establishment of an Anti-State Capture and Corruption Commission
Category:
- • Constitutional Change
- • Permanent Anti-Corruption Commission
Description:
It is recommended that a permanent Commission be established to investigate and publicly expose acts of state capture and corruption in the way that this Commission did over the past four years, and make findings and recommendations to the President. Such a Commission could be called the Anti-State Capture and Corruption Commission. In addition ... it will be necessary for the Anti-State Capture and Corruption Commission to keep an eye on how Parliament performs its oversight function and whether, in respect of any particular matters, it is performing or it has performed its oversight function effectively and has held the Executive, including the President, accountable.
Responsible to implement:
• Department of Justice and Constitutional Development
Actions on recommendations
The National Anti-Corruption Advisory Council (NACAC) will, in the course of its work to advise on strengthening the country’s anti-corruption institutional arrangements, consider the detailed recommendations of the Commission on the establishment of an ‘Anti-State Capture and Corruption Commission’ and a ‘Public Procurement Anti-Corruption Agency’. Based on the advice of the NACAC and the outcomes of the review of South Africa’s anti-corruption architecture by the Department of Justice, a comprehensive proposal on an effective and integrated anti-corruption institutional framework will be produced for public consultation, finalisation and implementation. To further strengthen the current anti-corruption capabilities, the Investigating Directorate (ID) will be established as a permanent entity within the National Prosecuting Authority (NPA) and ID investigators will be provided with the requisite criminal investigatory powers as contemplated in the Criminal Procedure Act No. 51 of 1977. To address concerns with respect to the independence of the NPA, legislative amendments will be introduced to ensure greater transparency and consultation in the process for selection and appointment of the National Director of Public Prosecutions (NDPP), drawing on the process adopted for the selection of the current NDPP. Work will be undertaken to clarify the Minister's 'final responsibility' over the NPA as set out in section 33 of the NPA Act and settling aspects related to the NPA’s financial and administrative independence.
Progress as at November 2023
The National Anti-Corruption Advisory Council (NACAC) is working with a range of experts on a recommendations report to the President, to be finalised by March 2024. The Department of Justice and Constitutional Development (DOJ&CD) has completed its comparative research on the models followed in other countries, and is preparing a proposal on the recommendations for a model for SA’s anti-corruption architecture. Draft legislation is also under consideration. This process will be in response to the key recommendations of both the State Capture Commission and the National Anti-Corruption Strategy with regard to the anti-corruption commissions and agencies.
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