Besides a lack of attention to detail, there are several issues with the formulation of the Investigating Directorate Against Corruption bill that was published last month, argues Paul Hoffman.
Regular budget cuts for the NPA have been the order of the day for years – no provisions in the bill now tabled are designed to guarantee the necessary resources to IDAC, writes the author.Besides a lack of attention to detail, there are several issues with the formulation of the Investigating Directorate Against Corruption bill that was published last month, argueswas published last month.
The bill sets out to establish the Investigating Directorate against Corruption" , which will swallow whole the existing ID, both temporary and created by presidential proclamation, and have its own investigators with powers and functions duly appointed after security screening, set remuneration and conditions of service as well as a complaints mechanism"to deal with complaints of a serious nature" against IDAC personnel.
The government appears to have forgotten this outcome. It is not part of the constitutional mandate of the NPA to investigate crime of any kind. Its constitutional function is to prosecute the criminals. In those four years, it has not secured the conviction of a single"big fish" from the serried ranks of the corrupt in SA and has managed only 97 dockets. This lack of progress at a time when the Chief Justice has warned that “an army of prosecutors” is required. The failure to extradite the Guptas and the collapse of the Nulane matter calls into question the reasonableness of locating the IDAC within the NPA.
Regular budget cuts for the NPA have been the order of the day for years – no provisions in the bill now tabled are designed to guarantee the necessary resources to IDAC, and without them, it will not be able to function effectively and efficiently as is required by Section 195 of the Constitution.
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