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Exam (elaborations)

CSL2601 Assignment 1 2025 - Due April 2025

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Exam of 12 pages for the course Constitutional Law at Unisa

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February 17, 2025
Number of pages
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Written in
2024/2025
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CSL2601
ASSIGNMENT 1 2025
DUE MARCH 2025




SEMESTER 1 2025

, Question
ASSESSMENT 1 – CSL2601 (2025, SEMESTER 1) [TOTAL: 20 MARKS]




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


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:


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
Constitution 4 as well as other relevant legislation


Necessity of an Anti-Corruption Commission
The proposal to introduce an Anti-Corruption Commission as a new Chapter Nine
Institution raises important constitutional and legal considerations. To determine whether it
is necessary or would be a needless duplication, the following aspects must be assessed:

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