CSL2601
ASSIGNMENT 1 (SEMESTER 1)..
DUE DATE: March 2025..
PREVIEW:
QUESTION 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)
The creation of an Anti-Corruption Commission (ACC) in South Africa is an urgent and necessary step,
considering the ongoing and pervasive corruption within state institutions. Despite the existence of
other institutions such as the Public Protector, Special Investigating Unit (SIU), and the National
Prosecuting Authority (NPA), an ACC would play a critical role in tackling corruption, which continues to
cripple the state and state-owned enterprises.
The South African Constitution offers a robust framework for transparency and accountability, with
Chapter 9 institutions, including the Public Protector, specifically mandated to investigate abuses of
power. However, these institutions, while crucial, have broad functions that may dilute their ability to
fully address the specialized and systemic nature of corruption within South African government
structures. For instance, the Public Protector investigates public maladministration and corruption, but
its focus is often diffuse, covering a range of issues beyond just corruption, which can hinder its ability
to give focused attention to the problem of corruption in the public sector. Similarly, while the SIU
specializes in investigating corruption, it has often been constrained by limited scope, resources, and a
reactive mandate.
An Anti-Corruption Commission, on the other hand, would be a specialized body with a clear and
focused mandate solely to investigate, prevent, and prosecute corruption within the public and state-
owned sectors. The Constitutional mandate for such a body would ensure that the commission operates
independently and effectively, free from political interference, much like existing Chapter 9 institutions.
Disclaimer:
For example, the Public Protector operates under Section 182 of the Constitution, and any Anti-
The materialsCommission
Corruption provided are intended for educational
could similarly and informational
be established purposes9 only.
as a Chapter They should
institution withnot be
equivalent
submitted as original work or used in violation of any academic institution's policies. The buyer is solely
independence.
responsible for how the materials are used.
Moreover, existing
ASSIGNMENT 1 (SEMESTER 1)..
DUE DATE: March 2025..
PREVIEW:
QUESTION 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)
The creation of an Anti-Corruption Commission (ACC) in South Africa is an urgent and necessary step,
considering the ongoing and pervasive corruption within state institutions. Despite the existence of
other institutions such as the Public Protector, Special Investigating Unit (SIU), and the National
Prosecuting Authority (NPA), an ACC would play a critical role in tackling corruption, which continues to
cripple the state and state-owned enterprises.
The South African Constitution offers a robust framework for transparency and accountability, with
Chapter 9 institutions, including the Public Protector, specifically mandated to investigate abuses of
power. However, these institutions, while crucial, have broad functions that may dilute their ability to
fully address the specialized and systemic nature of corruption within South African government
structures. For instance, the Public Protector investigates public maladministration and corruption, but
its focus is often diffuse, covering a range of issues beyond just corruption, which can hinder its ability
to give focused attention to the problem of corruption in the public sector. Similarly, while the SIU
specializes in investigating corruption, it has often been constrained by limited scope, resources, and a
reactive mandate.
An Anti-Corruption Commission, on the other hand, would be a specialized body with a clear and
focused mandate solely to investigate, prevent, and prosecute corruption within the public and state-
owned sectors. The Constitutional mandate for such a body would ensure that the commission operates
independently and effectively, free from political interference, much like existing Chapter 9 institutions.
Disclaimer:
For example, the Public Protector operates under Section 182 of the Constitution, and any Anti-
The materialsCommission
Corruption provided are intended for educational
could similarly and informational
be established purposes9 only.
as a Chapter They should
institution withnot be
equivalent
submitted as original work or used in violation of any academic institution's policies. The buyer is solely
independence.
responsible for how the materials are used.
Moreover, existing
