SA has been without an adequately independent entity capable of fighting corruption since the dissolution of the Scorpions
It is great news that ANC secretary-general Fikile Mbalula has recognised the folly of his youthful error that led to the demise of the Scorpions. Their replacement, the Hawks, haven’t been a success and the time is ripe for radical reform.
The reforms required ought not to be informed by a longing for the reinstatement of the Scorpions in the form of an upgraded Investigating Directorate within the prosecution service.
As long ago as August 2020 the ANC recognised the urgent need for stand-alone, permanent and independent anti-corruption machinery of state. These criteria accord with the legally binding requirements laid down by the Constitutional Court in the Glenister litigation.
The court spelt out that what is needed in the circumstances is an adequately independent entity capable of effectively and efficiently countering corruption. SA has been without such an entity since the dissolution of the Scorpions.
However, the Scorpions themselves weren’t the real deal because they weren’t sufficiently independent and did not enjoy secure tenure of office.
These elusive qualities can be achieved by establishing a Chapter Nine entity to prevent, combat, investigate and prosecute serious corruption in SA.
Mbalula should lead from the front on the urgency of suitable reform, but will he?
Paul Hoffman
Accountability Now
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