New Formula To Fight Corruption

• Scorpions-type unit to be formed with cybercrime fighting ability

The recent tabling in Parliament of two private members’ bills on corruption—the Constitution Twentieth Amendment Bill and its companion, the Constitution Twenty-First Amendment Bill—marks the opening salvo in the battle between South Africa’s left-wing politics and the judiciary.

Should Parliament pass these two pieces of legislation, it would represent a significant step toward ensuring that the team of International Financial Action Task Force (FATF) assessors, visiting in February 2025, can recommend the removal of South Africa’s grey-listing status, which currently serves as an international mark of shame in global banking circles.    https://parlyreportsa.com/finance/global-minimum-tax-bill-approved/

The first, the Constitution Twentieth Amendment Bill, seeks to establish a Cyber Commissioner as a Chapter 9 institution, aimed at bolstering South Africa’s response to cybercrime and cybersecurity threats. The second, the Constitution Twenty-First Amendment Bill, proposes the creation of an Anti-Corruption Commission (ACC) as another Chapter 9 institution to address high-level corruption and organized crime in South Africa.

The proposed Cyber Commission would be a Chapter 9 institution, which, with its independence from the state, would enable it to operate across all government departments as well as the private sector.

The Eye of the Storm

With the acknowledged failure of the National Prosecuting Authority (NPA) to prosecute major instances of financial crime and money laundering over the past eight years, coupled with a clear lack of political will to support the judicial process in general, new approaches are now being considered. The plan is to excise certain areas from the NPA’s control—those that are contributing to delays, restricting budgets, and subject to interference.

Part of the solution involves referring all major financial crimes to a Section 9 authority that operates independently of government and free from political constraints. Adv. Glynnis Breytenbach, the author of the Bill, stated, “It is high time that we take our country’s battle against corruption to a higher level.”

Untouchables

Of the two pieces of legislation introduced to the Justice Portfolio Committee at this stage, the enabling Constitutional Amendment Bill might be considered the more crucial. This well-crafted piece of legislation directly addresses the request made by the Zondo Commission in 2021—a matter that President Ramaphosa has largely avoided—to find a way to resolve South Africa’s ongoing corruption problem, particularly within the public service.

In light of the inadequate, and perhaps even deliberately neglectful, attention given to Chief Justice Zondo’s findings, there have only been two, possibly three, meetings of the parliamentary committee established to review the Zondo Commission’s recommendations since its formation in November 2022. This reluctance has, in part, contributed to South Africa’s grey-listing by international financial institutions.

Dragging the Donkey

The parliamentary record reveals that establishing such an investigative committee was an uphill struggle against the reluctance of the African National Congress (ANC) to initiate the process. For instance, during a critical meeting, Doris Dlaukude (ANC), standing in for the then-Speaker Nosiviwe Mapisa-Nqakula (ANC), presided over the session in the unexplained absence of key ANC figures. Despite the absence of a quorum, it was only thanks to ANC MP Piet Koornhof’s efforts—rallying parliamentary staff to make up the numbers—that the committee was able to begin its work on the Zondo Report.

Such lack of enthusiasm from an ANC-led Parliament at the time shows the challenges faced in pushing forward the investigation.

Time to Act

Adv. Glynnis Breytenbach, author of the Constitution Twenty-First Amendment Bill, remarked, “It is high time that we take our country’s battle against corruption to a higher gear.”

The proposal seeks to remove the fight against major corruption from the NPA’s control, placing it instead under the auspices of a Section 9 institution that will focus solely on investigating and prosecuting serious financial crimes, free from government influence, and even above the President’s office.

The Return of the Scorpions

The draft bills before Parliament also propose the creation of a new Anti-Corruption Commission (ACC), often referred to as “Scorpions Two ”—a nod to the highly successful financial crime unit established in the 1990s and dismantled under former President Jacob Zuma. This new ACC would be institutionally and operationally independent, with its own staff, budget, and control over its operations.

Importantly, the Bill proposes that all members of the ACC have protected tenure, be responsible solely to the Constitution and the rule of law, and have the authority to both investigate and prosecute serious cases of corruption.

The ANC’s National Executive Committee has expressed support for “a new permanent standalone and independent structure similar to the Chapter 9 Anti-Corruption Commission,” reflecting a step forward in the successful governance of the country.

Change of Mind

Initially, strong objections to both bills were voiced by sections of the ANC. However, it has recently become apparent that a “mind change” is underway, especially after the South African Communist Party (SACP) announced its separation from the ANC, restructuring its image and preparing to fight the 2026 elections independently.

During debates, Jimmy Manyi (MK) pointed out the high cost of creating a duplicate structure to the NPA, including a separate policing unit, a cybercrime unit, and a new legal and professional framework. He questioned whether such costs were necessary. However, he missed the crucial point—that the new structure would operate independently of the current judicial system.

Not national budget

Adv. Breytenbach explained that the new ACC would seek funding directly from the National Treasury, ensuring that it could attract highly qualified personnel in investigation, prosecution, and cybercrime to effectively compete with international experts in money laundering, Ponzi schemes, and corruption syndicates.

The unit would undergo the usual annual audit process by the Auditor-General’s office, report to Parliament, and be subject to oversight through its own portfolio committe

Patrick McLaughlin

parliamentary correspondent