SA needs an independent anticorruption commission established under chapter 9 of the constitution to specifically investigate serious corruption and high-level organised crime, DA justice spokesperson Glynnis Breytenbach says.
In a presentation to the parliamentary justice committee, she said SA was losing the fight against corruption with the National Prosecuting Authority (NPA) failing to prosecute high-profile corruption cases or not being successful when it did.
Breytenbach presented two private members’ bills to amend the constitution — one to establish the commission and the other to establish a specialised cyber commission, also as a chapter 9 institution.
The benefit of a chapter 9 institution, she said, was that it was considered independent of executive control, enjoyed security of tenure, reported only to parliament, had a budget determined by the National Treasury [and not the minister of justice] and required a two-thirds majority in parliament to dissolve.
The Zondo commission of inquiry into state capture recommended the establishment of a permanent commission to investigate state capture and corruption.
Breytenbach said in a statement that the bill on the anticorruption commission “is directly aimed at correcting the current state of affairs, where the NPA is failing to prosecute serious corruption and high-level organised crime”.
She said the investigating directorate against corruption within the NPA was not sufficient as it was created by ordinary legislation which required a simple majority in parliament to repeal, as happened with the Scorpions, which proved itself too effective for politicians and was dissolved.
It was critical that the anticorruption commission be outside the NPA, she said. Government’s creation of the Hawks to replace the Scorpions was not adequate as it was housed in the SAPS and had even less independence than the NPA.
“It is common cause that the NPA was hollowed out during state capture. The Scorpions, a special directorate within the NPA, was an effective body but was dissolved by politicians at the stroke of a pen.
“Our Scorpions 2.0 bill directly counteracts these problems by embodying the Stirs [specialised unit dedicated to investigating and prosecuting] criteria set by the Glenister judgment — revitalising the paralysed state prosecution of serious corruption and organised crime.”
The Stirs principles refer to a specialised unit to investigate and prosecute corruption, properly trained staff, independence from political interference, guaranteed resources and security of tenure.
Breytenbach told MPs that the NPA had a huge amount of work prosecuting all kinds of crime and appeared not to be coping.
Accountability Now director Paul Hoffman supported the proposal for an independent anticorruption commission. The NPA was not sufficiently independent, he said.
The DA bill on cybersecurity is meant to address the lack of cybersecurity of the government, despite the increased reliance on cybertechnology in the provision of government services.
“The cyber commission will be tasked with supporting and strengthening democracy in SA by advising, monitoring and establishing cybersecurity capabilities in the public sector,” Breytenbach said.
Online attacks on digital infrastructure, systems, organisations and consumers were costing SA 1% of its GDP, cybersecurity software firm Check Point Software Technologies said in a recent report.
In its 2024 African Perspectives on Cybersecurity report, the firm revealed said there was an “urgent need for stronger defences amid rising cyberthreats across the government, education and finance sectors”.
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