The Portfolio Committee on Justice and Constitutional Development was cautiously optimistic about a “promising” proposal from the National Anti-Corruption Advisory Council (NACAC) to establish a new anti-corruption agency.
The committee received a submission from NACAC on the 21st Amendment Bill to the Constitution. The NACAC proposed that the new agency, to be called the Office of Public Integrity (OPI), is intended to be a statutory, Chapter 9 body, which will include the Special Investigating Unit (SIU). While law enforcement is fundamentally important, it is an insufficient deterrent to corruption, the committee was informed.
According to the NACAC, the OPI will conduct public education, public mobilisation and behaviour change activities, produce policy research and advice, gather data, and provide analytical and corruption intelligence reports. It further proposes that the OPI should conduct investigations into systemic corruption with binding remedies, coordinate an all-of-government and all-of-society approach, conduct corruption risk assessments and prevention, and civil asset recovery.
The committee heard that the SIU exists by means of a proclamation of the President of the Republic. The NACAC indicated that such a proclamation could be withdrawn and a more permanent structure realised, one that includes the SIU. According to the presentation, the NACAC is currently conducting consultations with various stakeholders, including the South African Police Service, Crime Intelligence, the Minister of Police and the Minister of Justice and Constitutional Development.
The NACAC is furthermore detailing conceptual frameworks for understanding “systemic corruption”, specifying the mandate and attendant powers within the prevailing institutional architecture, attending to the governance and roadmap towards attaining Chapter 9 status or as a statutory body, as well as the funding model for the medium to long term.
Committee Chairperson Mr Xola Nqola said these are promising plans on paper, but the committee will monitor the way forward on whether the proposal gets the support to move to implementation.
Committee Member Ms Rebecca Mohlala was, however, of the opinion that another agency fighting corruption would not be of any help to us. She said corruption in the country is rampant.
Committee Member Mr Sibonelo Nomvalo questioned the protection of whistleblowers and enquired about the work done by NACAC in this regard. He said whilstleblowers have been suffering due to speaking out.
Mr Nqola also raised the issue: “We see whistleblowers being assassinated in all corners of our country. We need to do better to protect them.”
NACAC said in response that it has argued for the introduction of a whistleblower fund, psychosocial support and also worked with organisations providing legal support to whistleblowers. Furthermore, it recommended to the SIU to consider security support for whistleblowers. The committee heard that the Protected Disclosures Act provides scant protection to whistleblowers and NACAC convinced the President of the necessity for a complete overhaul of the Act. The committee also heard that the NACAC has worked with civil society, which is in the process of drafting a Private Member’s Bill on whistleblowing. Mr Nqola commended NACAC for its efforts in advancing the plight of whilstleblowers.
The committee was also briefed by the Magistrates Commission on the progress made in investigations into several magistrates. The committee endorsed the commission’s report for the removal of Magistrate Ms R Govender from office.
The committee also raised concerns regarding the payment of magistrates on suspension, as seven such magistrates have already cost the country over R31 million. Mr Nqola said some of the matters date back as far as 2016 and 2018. “It concerns us that time’s passage on these matters hinders progress in either reinstating them or appointing new judicial officers. It also drains our fiscal capacity. It concerns us that the budget that we pass in reimbursing magistrates for the work that they do in dispensing justice to our people is taken for a ride. For a number of years now, we are paying people who are staying at home and the reason for that is that the commission is unable to conclude enquires in time,” Mr Nqola noted.
His position was supported by all committee members, including Adv Glynnis Breytenbach, who said it cannot continue that magistrates remain on suspension for so many years and continue to get remunerated.
“Much as we note and endorse the reports you provide; however, we are extremely concerned about the longevity of these investigations because it drains our fiscus when we are already in a constrained fiscal environment,” emphasised Mr Nqola.
He proposed that the Minister of Justice and Constitutional Development work more closely with the commission in order to properly capacitate the commission’s Ethics Committee.
Rajaa Azzakani
15 May 2025
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