The democratic Alliance (DA) has put forward a new proposal in Parliament—the Constitution Twenty-First Amendment Bill, known as the “Anti-Corruption Bill.” If passed, this bill will establish an Anti-Corruption Commission (ACC) as a Chapter Nine institution, tasked exclusively with investigating and prosecuting high-level corruption cases. It’s a bold move aimed at taking South Africa’s fight against corruption to a new level, a necessary step after years of dealing with the aftermath of State Capture.
Let’s break down what this means. Chapter Nine institutions, like the Public Protector and Auditor-General, are created to support democracy by operating independently from government influence. The ACC, as envisioned by the DA, would fall into this category, with operational and institutional independence. This means it wouldn’t be at the mercy of politicians, be they ministers or even the president, giving it the freedom to operate without fear or favour.
Currently, the National Prosecuting Authority (NPA) is tasked with prosecuting serious corruption. But according to the DA’s Glynnis Breytenbach, the NPA is struggling. She argues that it lacks both the independence and resources to manage the complexities of high-level crime effectively. And given the NPA’s chequered past—having been weakened during the State Capture years—Breytenbach says it’s time for additional muscle.
The ACC, under this bill, would have a dedicated staff and a budget allocated by the National Treasury, shielding it from political whims. Members of the ACC would also have protected tenure, ensuring that their job security isn’t threatened by the political climate. The ACC’s powers wouldn’t stop at investigations; it would be able to prosecute cases too, a significant shift that could expedite bringing corrupt actors to justice.
“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,” Breytenbach stated in a statement released by the DA. She envisions an ACC that could make a tangible impact, equipping South Africa to tackle corruption with the same seriousness as its Chapter Nine peers like the Auditor-General.
But don’t pop the champagne yet. The bill is a constitutional amendment, meaning it requires a two-thirds majority in Parliament. This could be tricky unless the ruling ANC and other opposition parties, like the EFF or ActionSA, give their backing. While some parties have previously supported the idea of an independent body to fight corruption, the bill’s journey through Parliament will reveal whether they walk the talk.
For now, the Anti-Corruption Bill has set the stage for what could be a game-changing development—or yet another heated debate—in South Africa’s ongoing battle against corruption.
