By OBAKENG MAJE
15 May 2025 – The Portfolio Committee on Justice and Constitutional Development has received a briefing from the National Anti-Corruption Advisory Council (NACAC), noticing its “promising” recommendation promoting the establishment of a new anti-corruption agency. The committee heard that the new agency, to be called the Office of Public Integrity (OPI), is intended to be a statutory, Chapter 9 body that will include the Special Investigating Unit (SIU).
The Chairperson of the Committee, Xola Nqola said while law enforcement is fundamentally important, it is an insufficient deterrent to corruption, the committee was informed. Nqola said these are promising plans on paper, but the committee will monitor the way forward on whether the proposal gets the support to move to implementation.
“According to the NACAC, the OPI will conduct public education, public mobilisation and behaviour change activities, produce policy research and advice, gather data, and provide analytical and corruption intelligence reports.
“It further proposes that the OPI should conduct investigations into systemic corruption with binding remedies, coordinate an all-of-government and all-of-society approach and conduct corruption risk assessments and prevention, and civil asset recovery,” he said.
Nqola said the committee heard that the SIU currently exists because of a proclamation from the President of the Republic. He added that the NACAC indicated that such a proclamation could be withdrawn and a more permanent structure could be realised that includes the SIU.
“According to the presentation, the NACAC is currently conducting consultations with various stakeholders, including the South African Police Service, Crime Intelligence, the Minister of Police and the Minister of Justice and Constitutional Development.
“The NACAC is furthermore detailing conceptual frameworks for understanding systemic corruption, specifying the mandate and attendant powers within the prevailing institutional architecture, attending to the governance and roadmap towards attaining Chapter 9 status or as a statutory body, as well as the funding model for the medium to long term,” said Nqola.
He said committee members raised questions about the protection of whistle-blowers and enquired about the work done by NACAC in this regard. Nqola said they see whistle-blowers being assassinated in all corners of the country.
“We need to do better to protect them. NACAC said in response that it has argued for the introduction of a whistle-blower fund, psychosocial support and also worked with organisations providing legal support to whistle-blowers. Furthermore, it recommended to the SIU to consider security support for whistle-blowers,” he said.
Nqola said the committee heard that the Protected Disclosures Act provides scant protection to whistle-blowers and NACAC convinced the President of the necessity for a complete overhaul of the Act. He said the committee also heard that the NACAC worked with civil society, who is in the process of drafting a Private Member’s Bill on whistleblowing.
“We commended NACAC for its efforts in advancing the plight of whistle-blowers. The committee was also briefed by the Magistrates Commission on the progress made in investigations into several magistrates.
“The committee endorsed the commission’s report for the removal of Magistrate Ms R Govender from office. The committee also raised concerns regarding the payment of magistrates on suspension, as seven such magistrates have already cost the country over R31 million,” said Nqola.
He said some of the matters date back as far as 2016 and 2018. Nqola said it concerns them that time’s passage on these matters hinders progress in either reinstating them or appointing new judicial officers.
“It also drains our fiscal capacity. It concerns us that the budget that we pass in reimbursing magistrates for the work that they do in dispensing justice to our people is taken for a ride.
“For a number of years now, we have been paying people who are staying at home and the reason for that is that the commission is unable to conclude enquiries in time,” he said.
Nqola said much as they note and endorse the reports they provide. He said, however, they are extremely concerned about the longevity of these investigations because it drains their fiscus when they are already in a constrained fiscal environment.
The Guardian 