The Constitution Amendment Bill divests the National Prosecuting Authority of its power to institute criminal proceedings regarding corruption and organised cri
Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.hortly before the May 2024 general elections a potentially significant step in South Africa’s fight against corruption was taken. On 19 April, Democratic Alliance MP, Glynnis Breytenbach,On 19 May, the period for public comment on the Bill ended. Strictly speaking, the Bill could therefore be tabled. To our knowledge, this approval has not yet been given.
On the matter of the NPA’s independence, it is important to note that as early as 2011, in the famous case of, the majority of the Constitutional Court agreed with Adv Paul Hoffman SC that the disbandment of the DSO and its replacement with the DPCI was constitutionally wanting. In short, this was because unlike the Scorpions, which were housed in the NPA, the Hawks were located in the SAPS and so did not enjoy the necessary structural and operational independence.
This raises the second problem with the Bill: its substance is such that it would likely lead to forum-shopping between the ACC and the NPA. This irrational outcome would undermine, rather than enhance, the objective of systematically and expeditiously tackling corruption. All public power must be exercised, means that legitimate objectives must be pursued using lawful measures logically linked to the attainment of the “ends”. to its stated purpose of fighting corruption.
To the extent that the Bill aims to address any ongoing dysfunctionality of the NPA, this purpose would less invasively, and more rationally, be achieved through a simple amendment to theFurther, while the NPA may have been dysfunctional during the state-capture years, the errors of yesterday should not stymie the good-faithare well underway. They are targeted, coordinated and seek to enhance the NPA’s role and independence as an important.
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