DA Presents Two Private Member's Bills to the Justice Committee

26 November 2024

Today, we presented two Private Member's Bills aimed at strengthening accountability and South Africa’s criminal justice system. The two Bills will, if passed, establish two Chapter 9 bodies, aimed at investigating, prosecuting and combatting corruption and strengthening cyber security respectively.

The Constitution 21st Amendment Bill or the Scorpions 2.0 Bill will establish the Anti-Corruption Commission (ACC), a body tasked with investigating and prosecuting serious corruption and high-level organised crime. As a Chapter 9 body, it will be independent of executive control, enjoy security of tenure, report only to parliament, and have its budget determined by the National Treasury and not the Minister of Justice.

This Bill is directly aimed at correcting the current state of affairs, where the National Prosecuting Authority is failing to prosecute serious corruption and high-level organised crime. It is a common cause that the NPA was hollowed out during state capture. The Scorpions, a special directorate within the NPA was an effective body but was dissolved by politicians at a stroke of a pen. Our Scorpions 2.0 Bill directly counteracts these problems by embodying the STIRS criteria set by the Glenister judgement - revitalising the paralysed state prosecution of serious corruption and organised crime.

The Constitution 20th Amendment Bill also seeks to create a new Chapter 9 body, a specialised Cyber Commission. This is a ground-breaking Bill in response to the lack of cybersecurity of the government, despite the increased reliance on cyber technology in the provision of services to South Africans. The Cyber Commission will be tasked with supporting and strengthening democracy in South Africa by advising, monitoring and establishing cyber security capabilities in the public sector.

While we expect outright rejection of our two bills from those who wish to remain unaccountable and in the dark ages, we look forward to the rigorous engagements with the Justice Committee and the public, aimed at ensuring that the best legislation is passed by Parliament. These two private members' Bills will test politicians’ commitment to fighting corruption and ensuring service delivery – there is no greater fraud than a promise not kept.

Issued by Glynnis Breytenbach, DA Spokesperson on Justice and Constitutional Development, 26 November 2024