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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