By Paul Hoffman It is legally inappropriate to locate the anti-corruption machinery of state within the National Prosecuting Authority while it remains structured as it is at present, and while it is infested with saboteurs. Listen to this article 0:00 / 12:18...
LETTER: Reality behind the promises
Independence and secure tenure of office are not possible in any unit within the NPA because it has neither of these prescribed attributes 05 October 2023 - 04:00 Your comprehensive coverage of the views of South Africa’s CEOs (Cover Story, September 21-27) — those...
A not so confidential memo to the leadership of the National Prosecuting Authority.
As the leaders of the thousands of prosecutors who make it their daily task to present the state’s case to the criminal courts of the land, you will be all too aware of the oath of office that binds you and your staff, as set out in section 32 of the enabling...
Submission to the Justice Portfolio Committee by Accountability Now
In re: The NPA Act Amendment Bill introducing the Investigating Directorate Against Corruption (the IDAC Bill) Introduction Accountability Now welcomes the opportunity to make this submission. The IDAC Bill is the product of the work of the ministry of justice...
The political will to get real about countering serious corruption is what’s needed, not obfuscation
By Paul Hoffman It is not for Deputy Justice Minister John Jeffrey, or anyone else in government, to second-guess the binding decision of the highest court in the land when it comes to the establishment of a single agency to combat corruption. Listen to this article...
Under the Swinging Arch
Link to view or download the pdf: Under the swinging Arch
Paul Hoffman | IDAC bill reveals cabinet’s desire for hegemony, seeks to trump good governance
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. After years in the making, the structure of the Investigating...
Expect nothing from the President — no contrition, renewal, reform or recovery of loot
By Paul Hoffman Although he drew polite applause in the Johannesburg City Hall at the 20 August celebration of UDF40 when he mentioned the need to wake up the police and to counter corruption, President Cyril Ramaphosa made no mention of how these worthy goals are...
It’s not the job of CEOs to improve the anti-corruption capacity of the state
By Paul Hoffman It is difficult to believe that hard-earned money is being thrown at non-viable solutions to the problems that arise from cadre deployment and kleptocracy, both of which manifest themselves in State Capture and tenderpreneurism in South Africa. Listen...
Revolutionary discipline vs Constitutionalism
The revolutionary discipline of Oliver Tambo preceded the adoption of a supreme Constitution 25 April 2023 In marking the 30th anniversary of the death of the former leader of the ANC, Oliver Tambo, President Cyril Ramaphosa remarked: "We need to embrace the concept...
LETTER: Blame government for failed prosecution
It did not understand the binding rulings of the Constitutional Court in the Glenister litigation 24 April 2023 - 18:37 Your report covering the disastrous Nulane prosecution refers (“NPA weighs options after five accused in Nulane trial discharged”, April 21). This...
LETTER: Properly implementing the Glenister rules is urgent
Presidential attention should be turned to reforming the capacity of the criminal justice administration 20 March 2023 - 16:55 https://spkt.io/e/6493882 Weekend coverage of presidential utterances reveals this gem concerning the revelations by the former CEO of Eskom:...
What the Concourt majority judgment found in Glenister’s case.
The order in Glenister’s case 5. It is declared that Ch 6A of the South African Police Service Act 68 of 1995 is inconsistent with the Constitution and invalid to the extent that it fails to secure an adequate degree of independence for...
The A Team’s notes for discussion, during SAHRC and OPP conference on corruption and human rights, regarding reform of anti-corruption machinery of state.
Creation of effective and efficient anti-corruption machinery of state is an international obligation of the state and is underpinned in SA by binding Constitutional Court findings in the Glenister trilogy of cases in which corruption is identified as a human rights...
Security of tenure of office is crucial to the independence of corruption busters
By Paul Hoffman* A stand-alone, investigative institution is needed to combat corruption – Paul Hoffman 6th April 2021 by Jarryd Neves It’s no secret that corruption is the scourge of South Africa. Millions of misappropriated funds have been swindled from the national...