NPA Amendment Act ineffective against corruption, DA to introduce an anti-corruption Bill with real teeth

19 August 2024

The President has announced the commencement of the National Prosecuting Authority Amendment Act, which will see the Investigative Directorate (ID) be made a permanent feature within the National Prosecuting Authority (NPA).

While the Act is a small step in the right direction towards addressing the issues of the fight against corruption, this piece of legislation is merely a temporary solution to the far greater and pressing issues that have resulted in the lethargic pace at which those responsible for state capture and organised crime are being held to account.

The establishment of a permanent ID by the Amendment Act does not achieve much in tackling corruption. The Amendment Act fails to address real problems within the NPA - its lack of sufficient appropriate skills and funding. The Scorpions, which the Act attempts to replicate, were effective because they had access to excellent and experience prosecutors and effective investigators. For the NPA to make these changes it needs to receive an appropriate budget.

The Amendment Act does nothing to remove the Minister’s spectre of control over the NPA, as they still exercise the final responsibility over the NPA and control its budget or lack there-of.

The fact that the ID is permanent is also misleading. Depending on the political winds, a simple majority could see its removal, like when the Scorpions who were disbanded by a legislative amendment. This means that the ID does not enjoy the security of tenure required to ensure its independence.

The fight on corruption cannot be solved with slapdash legislation which does nothing to properly ensure the independence of the NPA.

The DA will be introducing a Private Members Bill (PMB), to amend the Constitution to establish the Anti-Corruption Commission as an independent chapter 9 institution which is empowered to investigate and prosecute serious corruption and organised crime. The body will be free from political control, its budget would be directly determined by the National Treasury, it will enjoy secure tenure of office, and report only to Parliament.

The DA looks forward to working with the GNU, to ensure that this PMB, which seeks to introduce a body with real teeth, can move South Africa forward in its fight against corruption.

Issued by Glynnis Breytenbach, DA Spokesperson on Justice and Constitutional Development, 19 August 2024