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CSL2601 Assignment 1 (QUALITY ANSWERS) Semester 1 2025

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This document contains workings, explanations and solutions to the CSL2601 Assignment 1 (QUALITY ANSWERS) Semester 1 2025. For assistance whats-app us on 0.6.8..8.1.2..0.9.3.4... Question 1 On 24 May 2024 President Cyril Ramaphosa signed into law the National Prosecuting Authority Amendment Bill, aimed at establishing a corruption-busting unit called the Investigating Directorate against Corruption (Idac). This is hailed as part of the implementation plan on the Zondo Commission's1 recommendations, where Zondo had unveiled the extent to which certain criminals have influenced decision-making at the highest levels of the state. Taking this development a step further, a Bill is intended to be introduced soon amending the Constitution to establish a new Chapter Nine Institution called the Anti-Corruption Commission.2 fur2601 ios2601 csl2601 Corruption is rampant in the public sector.3 Government institution, with their access to vast amounts of money, create a fertile environment for corrupt activities. Government officials and their associates abuse their power and connections to commit various forms of economic crime. This includes malfeasance during the tender process, public procurement, and other methods of financial misappropriation. Various government institutions and state-owned enterprises have been financially crippled by corruption. Against this backdrop you are required to answer the following questions: ind2601 1.1 In your opinion, is an Anti-Corruption Commission necessary or would it amount to a needless duplication of other institutions with an overlapping mandate? Substantiate your answer fully with reference to appropriate provisions of the Constitution4 as well as other relevant legislation. (6) pvl2601 adl2601 1.2 Notwithstanding your answer to question 1.1 above, if the Anti-Corruption Commission were established, what legal impact or effect would any recommendations emanating from the Commission have? Justify your answer with reference to appropriate authority. (4) Question 2 Provide additional substantive content (in the form of a few well-constructed paragraphs, with judicious use of headings and sub-headings) to the article by Mutondi Mulaudzi and Babatunde Fagbayibo ‘Lyrics as Law: Teaching the South African Constitution’5 by focusing your discussion exclusively on Chapters 1, 4, 5 and 8 of the South African Constitution,6 illustrating the mechanisms that the Constitution provides to ensure the legitimacy of government and validity of the exercise of executive, legislative and judicial power. Support your answer with relevant authority, appropriate music, and write in an academically sound and acceptable manner. (10)

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CSL2601
Assignment 1 Semester 1 2025

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Due Date: 2025


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, QUESTON 1

1.1. (2 ANSWERS PROVIDED)
The Necessity of an Anti-Corruption Commission in South Africa

The establishment of an Anti-Corruption Commission as a Chapter 9
institution, as proposed in the upcoming constitutional amendment, raises an
important question: is this new body necessary, or would it merely duplicate
the efforts of existing institutions with overlapping mandates? A thorough
analysis of the current legal framework, constitutional provisions, and practical
challenges in combating corruption suggests that such a commission could be
a valuable addition to South Africa’s governance structures if designed and
implemented effectively.

The Constitutional and Legal Framework on Anti-Corruption Measures

The South African Constitution establishes a framework for good governance,
accountability, and transparency. Section 195(1) of the Constitution outlines
the basic values and principles governing public administration, emphasizing
ethical governance and the efficient use of resources. Additionally, Chapter 9
institutions such as the Public Protector and the Auditor-General are already
mandated to investigate maladministration and financial misconduct. Section
182 grants the Public Protector the power to investigate improper conduct in
state affairs, while Section 188 mandates the Auditor-General to audit
financial management within government institutions. Moreover, the National
Prosecuting Authority (NPA), as provided for in Section 179, is tasked with
prosecuting criminal conduct, including corruption.

Apart from constitutional provisions, various legislative frameworks already
exist to combat corruption. The Prevention and Combating of Corrupt
Activities Act 12 of 2004 (PCCA) criminalizes corruption and mandates
reporting mechanisms for public officials. The National Prosecuting Authority
Amendment Bill, signed into law on 24 May 2024, established the
Investigating Directorate Against Corruption (IDAC) within the NPA to focus
specifically on high-level corruption cases. While these measures provide a
robust legal framework, the effectiveness of enforcement has often been
questioned.


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