Neelam Rahim | neelam@radioislam.co.za

3-minute read
25 August 2024 | 14:19 CAT

The National Prosecuting Authority’s head office in Pretoria. Picture: FINANCIAL MAIL/FREDDY MAVUNDA

While the ID has been operating for five years to address cases raised in the Zondo commission, it did so only as a temporary unit within the NPA, established by presidential proclamation.

It is empowered to investigate and prosecute high-level and complex corruption cases, including common law and statutory offences. These include commercial crimes such as fraud, forgery, uttering and theft. It also deals with referrals from public commissions of inquiry, such as the Public Investment Corporation and SA Revenue Service inquiries.

“While the Act is a small step in the right direction towards addressing the issues of the fight against corruption, this piece of legislation is merely a temporary solution to the far greater and pressing issues that have resulted in the lethargic pace at which those responsible for state capture and organised crime are being held to account,” says DA MP, Glynnis Breytenbach.

According to Breytenbach, establishing a permanent ID by the Amendment Act is a step forward, but it falls short of effectively combating corruption. The Act fails to tackle the root issues within the NPA, such as the lack of necessary skills and funding. The Scorpions, which the Act aims to emulate, were successful due to their access to skilled prosecutors and effective investigators. A more substantial budget is needed to bring the NPA up to this standard.

Breytenbach emphasizes that the fight against corruption cannot be won with hasty legislation that does not guarantee the NPA’s independence. A comprehensive and effective legal framework is needed to ensure the NPA’s autonomy and equip it with the necessary resources to combat corruption.

The DA will introduce a Private Members Bill (PMB) to amend the Constitution to establish the Anti-Corruption Commission as an independent Chapter 9 institution empowered to investigate and prosecute serious corruption and organised crime. The body will be free from political control, and the National Treasury will directly determine its budget. It will enjoy a secure tenure of office and report only to Parliament.

Listen to the full interview on The Daily Round Up with MoulN Junaid Kharsany and DA MP Glynnis Breytenbach here.