CSL2601
ASSIGNMENT 1 (SEMESTER 1)..
DUE DATE: March 2025..
PREVIEW:
QUESTION 1
1.1: 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 as well as other relevant legislation. (6)
ANSWER:
The creation of an Anti-Corruption Commission (ACC) in South Africa is both timely and necessary, given
the widespread corruption that has been prevalent in both public and state-owned institutions. While
existing bodies such as the Public Protector, the Special Investigating Unit (SIU), and the National
Prosecuting Authority (NPA) already have mandates to investigate corruption, an ACC would be a
specialized and dedicated institution with enhanced capabilities to focus on the unique problem of
corruption that has plagued state institutions, particularly at the highest levels of government.
Under the Constitution of South Africa (1996), particularly Chapter 9, there are various independent
institutions that support democracy, including the Public Protector and the South African Human Rights
Commission. These institutions are tasked with promoting transparency, accountability, and
investigating government actions. However, their existing mandates are broad, and a focused institution
like the ACC would specifically target corruption in state entities, streamlining efforts to investigate and
prosecute corruption without the distraction of other oversight functions that their counterparts face.
The Public Protector (Section 182), for instance, investigates improper conduct by public officials but is
also tasked with protecting human rights, making it a less specialized institution when it comes to dealing
with systemic corruption in public offices and state-owned enterprises. Similarly, while the SIU is
specifically empowered to probe corruption and misconduct, its focus is often narrow and linked to
specific investigations, rather than a broader, comprehensive strategy to tackle corruption. Additionally,
Disclaimer:
the
TheNPA prosecutes
materials providedcriminal cases,for
are intended but corruptionand
educational often requires proactive
informational investigation
purposes only. before
They should not becriminal
charges are
submitted asbrought.
original work or used in violation of any academic institution's policies. The buyer is solely
responsible for how the materials are used.
Moreover, South Africa's constitution and relevant legislative frameworks, such as the Prevention and
Combating of Corrupt Activities Act (PRECCA) (No. 12 of 2004), acknowledge the need for compre
ASSIGNMENT 1 (SEMESTER 1)..
DUE DATE: March 2025..
PREVIEW:
QUESTION 1
1.1: 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 as well as other relevant legislation. (6)
ANSWER:
The creation of an Anti-Corruption Commission (ACC) in South Africa is both timely and necessary, given
the widespread corruption that has been prevalent in both public and state-owned institutions. While
existing bodies such as the Public Protector, the Special Investigating Unit (SIU), and the National
Prosecuting Authority (NPA) already have mandates to investigate corruption, an ACC would be a
specialized and dedicated institution with enhanced capabilities to focus on the unique problem of
corruption that has plagued state institutions, particularly at the highest levels of government.
Under the Constitution of South Africa (1996), particularly Chapter 9, there are various independent
institutions that support democracy, including the Public Protector and the South African Human Rights
Commission. These institutions are tasked with promoting transparency, accountability, and
investigating government actions. However, their existing mandates are broad, and a focused institution
like the ACC would specifically target corruption in state entities, streamlining efforts to investigate and
prosecute corruption without the distraction of other oversight functions that their counterparts face.
The Public Protector (Section 182), for instance, investigates improper conduct by public officials but is
also tasked with protecting human rights, making it a less specialized institution when it comes to dealing
with systemic corruption in public offices and state-owned enterprises. Similarly, while the SIU is
specifically empowered to probe corruption and misconduct, its focus is often narrow and linked to
specific investigations, rather than a broader, comprehensive strategy to tackle corruption. Additionally,
Disclaimer:
the
TheNPA prosecutes
materials providedcriminal cases,for
are intended but corruptionand
educational often requires proactive
informational investigation
purposes only. before
They should not becriminal
charges are
submitted asbrought.
original work or used in violation of any academic institution's policies. The buyer is solely
responsible for how the materials are used.
Moreover, South Africa's constitution and relevant legislative frameworks, such as the Prevention and
Combating of Corrupt Activities Act (PRECCA) (No. 12 of 2004), acknowledge the need for compre
