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Accountability Now lobbies for legislation changes to enable a dedicated anti-corruption machinery of state in South Africa

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Accountability Now lobbies for legislation changes to enable a dedicated anti-corruption machinery of state in South Africa

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10th September 2021

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  • Constitution Eighteenth Amendment Bill 2021 - proposed by Accountability Now
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    0.04 MB
  • Integrity Commission Bill - Proposed by Accountability Now 2021
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    0.10 MB
  • Memorandum
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    0.03 MB
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Public interest non-profit organisation Accountability Now, has engaged the executive and legislature on reform of the anti-corruption criminal justice administration, specifically with a view to establishing a Chapter Nine Integrity Commission.

A memorandum in support of the introduction of a constitutional amendment and enabling legislation, for the establishment of constitutionally compliant anti-corruption machinery of state in South Africa, has been submitted to the legislature, specifically for the attention of the members of the Constitutional Review Committee of the National Assembly.

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The organisation has motivated for the legislation changes and amends to the constitution, on the basis that:

  • Serious forms of corruption like grand corruption, state capture and kleptocracy in South Africa are criminal violations of fundamental constitutional and human rights. They are literally killing many South Africans, mostly the poorest. 
  • The anti-corruption machinery of state in SA is currently not fit for purpose especially regarding serious corruption in all its forms. The NEC of the ANC has called for the urgent creation of a new entity that is permanent, specialised, independent and stands alone to deal with corruption.
  • Our prosecutors and police, due to the ravages of attempted state capture, lack the required capacity to counter the corrupt efficiently and effectively
  • The Constitutional Court, in the Glenister cases, has provided binding criteria for the establishment of functional corruption-busters who are fully able to carry out the international treaty obligations of SA
  • That court has called upon parliament to make “the reasonable decision of a reasonable decision-maker in the circumstances” regarding the countering of corruption.
  • The current circumstances in SA  dictate that a best practice reform is urgently required in order to bolster the country’s vulnerable culture of respect for human rights and boost confidence in its governance and economic prospects.
  • The ANC, DA and IFP all favour the notion that a new body needs to be established to deal with corruption.

Accountability Now has prepared draft enabling legislation and a constitutional amendment so that the necessary constitutionally-compliant next steps can be taken to save the country from the scourge of serious corruption — and the imminent potential of failed state status.

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The current drafts and full memorandum are attached.

Issued by Accountability Now

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