PREVIEW
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's' 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.
DISTINCTION Footnotes and/or Bibliography
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, 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's'
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.? Corruption is rampant in the public sector.
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
goverment 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 as well as other relevant legislation. (6)
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)