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CSL2601 Assignment 1 Semester 1 | Due 7 April 2025 R50,00
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CSL2601 Assignment 1 Semester 1 | Due 7 April 2025

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CSL2601 Assignment 1 Semester 1 | Due 7 April 2025. All questions answered. 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...

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  • January 28, 2025
  • 15
  • 2024/2025
  • Exam (elaborations)
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 Question 1

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 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 as well as other
relevant legislation.

Establishing an Anti-Corruption Commission as a new Chapter 9 institution raises concerns about
potential duplication of mandates among existing bodies. However, it could also represent a critical
step in addressing the persistent issue of corruption in the public sector. Below is an analysis of its
potential necessity:

Arguments Supporting the Need for an Anti-Corruption Commission

 Inadequacy of Current Institutions - Despite the presence of Chapter 9 institutions like the
Public Protector and the National Prosecuting Authority (NPA), corruption continues to thrive.
While the Public Protector investigates government misconduct, its recommendations are not
legally binding. Similarly, the NPA, responsible for prosecuting crimes, has faced significant
challenges to its independence and operational effectiveness.

 Focus and Specialization - A dedicated Anti-Corruption Commission could offer a more
focused and specialized approach to tackling corruption, a complex and deeply rooted issue.
While the Investigating Directorate Against Corruption (IDAC) is a step forward, it is not a
constitutional body and could be more vulnerable to changes in mandate or structure than a
Chapter 9 institution.

 Enhancing Accountability - A new commission could serve as a robust watchdog, reinforcing
accountability and curbing abuses of power specifically related to corruption.

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