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ASSESSMENT 1, SEMESTER 1. DUE 07 APRIL 2025.

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DETAILED ANSWERS FOR ASSESSMENT 1 OF SEMESTER 1, 2025.

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  • January 21, 2025
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  • 2024/2025
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ASSESSMENT 1 – CSL2601 (2025, SEMESTER 1)
[TOTAL MARKS: 20 MARKS]


Question 1


1.1 The Need for an Anti-Corruption Commission


To evaluate the necessity of an Anti-Corruption Commission (ACC) as a Chapter 9
institution, we must consider South Africa’s existing constitutional structures. Chapter
9 institutions, like the Public Protector and the Auditor-General, are designed to
strengthen democracy. Yet, widespread corruption in the public sector indicates that
the current framework has significant shortcomings.
Under Section 181 of the Constitution (1996), Chapter 9 institutions are independent
and operate solely under the authority of the Constitution and the law. They are
required to work impartially and without bias. While the Public Protector investigates
maladministration and the Special Investigating Unit (SIU) handles specific cases of
public mismanagement, neither focuses on systemic corruption across all sectors.
The National Prosecuting Authority Amendment Act (2024) established the
Investigating Directorate against Corruption (Idac), a specialized unit targeting high-
level corruption. However, an ACC would have a broader constitutional mandate,
potentially overlapping with existing institutions. Unlike entities such as Idac, an ACC
could focus on investigating widespread corruption, recommending reforms, and
monitoring compliance with anti-corruption measures without interfering with audits
or prosecutions.

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