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Picture: 123RF
Picture: 123RF

SA is taking steps to address its corruption crisis with the introduction of a bill to establish an anticorruption commission.

Proposed in October, this new body will focus exclusively on “grand corruption” — serious, high-level cases with substantial financial and social impact. The commission’s creation aims to restore public trust, bolster investor confidence and strengthen SA’s institutions.

For years corruption scandals have eroded SA’s economic stability and public morale. Notably, the Zondo commission investigated state capture during Jacob Zuma’s presidency and recommended reforms, including an independent anticorruption agency. The Anticorruption Bill builds on this recommendation, with a refined scope and mandate suited to tackling complex, large-scale corruption.

Based on the current bill, the commission will operate as a specialist body with a tightly focused mandate separate from SA’s existing anticorruption institutions. Its primary responsibility will involve investigating and prosecuting “serious corruption and high-level organised crime” cases involving public officials and individuals whose corrupt activities cause major financial losses or infringe on the rights of a substantial portion of the population.

The commission is also aimed at enhancing transparency and accountability within both the public and private sectors. It will address high-profile cases across both domains, closing loopholes and supporting a comprehensive anticorruption agenda. This goes wider than Zondo’s recommendations to establish an agency that would only cover the public sector.

A key reason for the commission’s creation is to relieve the National Prosecuting Authority (NPA) of the burden posed by grand corruption cases. The NPA, already stretched thin, has faced years of resource shortages and operational setbacks, many of which were worsened during the state capture era.

Though the NPA is rebuilding under new leadership, the scale of its mandate means it cannot single-handedly address the enormous corruption cases still in the pipeline. By establishing a dedicated institution focused on complex, high-profile cases, the bill creates a specialist approach that can bring impactful, timely results while allowing the NPA to concentrate on its broader functions.

For the commission to be effective, independence from political influence is essential. The bill proposes establishing the commission as a Chapter 9 institution, a status that affords it constitutional protection and operational autonomy. Chapter 9 institutions enjoy strong safeguards, including secure tenure for their leaders and removal procedures that require parliamentary approval, ensuring impartiality and stability.

Further, the bill includes structural protections to prevent undue interference. Commissioners will undergo a rigorous selection process and can only be removed by a two-thirds majority in parliament. These safeguards highlight the commitment to building a body that can pursue its mandate independently and fairly, fostering public trust in its ability to act in the national interest.

The bill aligns with other recent legislative developments aimed at addressing the Zondo commission’s findings. For example, the introduction of the “failure to prevent corruption” offence marks a shift towards accountability and prevention. Together, these reforms signal SA’s shift towards an anticorruption regime grounded in transparency and deterrence.

For SA businesses, the commission’s formation presents challenges and opportunities. Companies need to implement or strengthen antibribery and anticorruption policies to meet the commission’s higher regulatory standards.

Ensuring regular compliance, conducting due diligence on suppliers and establishing clear internal policies are essential steps for businesses. By taking these measures companies not only protect themselves from legal risks but also contribute to a zero-tolerance culture towards corruption.

The formation of the commission represents a pivotal moment in SA’s anticorruption journey, yet challenges remain. Its success will rely on sustained political will, adequate funding for staffing, technology, and public outreach initiatives. It will also depend on inter-agency collaboration with other anticorruption bodies, law enforcement agencies and the judiciary, to ensure a co-ordinated approach to tackling corruption.

Public support is crucial to raise awareness about corruption’s impact and empower the public to report incidents. This requires public awareness campaigns, accessible reporting channels and strengthened legal protections for whistle-blowers.

These campaigns should provide guidelines and build on existing reporting mechanisms, ensuring people know where and how to report suspicious activities safely and anonymously. This can increase the number of reported cases, aiding the commission in its investigative efforts.

As a constitutionally protected body with a specialised focus, the commission will have the potential to make meaningful progress in corruption cases, restoring credibility and public trust in SA’s institutions. The bill offers a fresh chapter in SA’s efforts to confront corruption and drive positive change.

The commission’s work over the coming years will be critical in determining whether this new institution can truly deliver on its promise, helping SA build a path towards transparency, accountability and economic resilience.

• James is a partner, and Mangalparsad an associate, at Pinsent Masons Johannesburg.

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