The first big test of the GNU

by | Jun 20, 2024 | Chapter 9, General | 0 comments

Before the GNU was formed, the DA gave official notice of its intention to proceed with the parliamentary processing of its two private member’s bills aimed at establishing constitutionally compliant anti-corruption machinery of state through the creation of a new Chapter Nine body it calls the Anti-Corruption Commission. The leader of the DA, John Steenhuisen, has indicated that the bills will be introduced within a hundred days of the commencement of the seventh parliament.

The bills are a more comprehensive response to the scourge of corruption than the pathetic IDAC Act which was signed into law on 24 May 2024 more as an election gimmick than as a serious effort to comply with the law as laid down in the Glenister litigation by the Constitutional Court. In the last Glenister case the Chief Justice spelt out that independence and the ability to act effectively and efficiently are requirements of the anti-corruption entity so urgently required by SA. IDAC is part of the prosecuting authority and does not meet the independence requirement by a country mile.

For the DA’s bills to succeed a two thirds majority is required because they involve a constitutional amendment. The support of the ANC for the bills is accordingly necessary as its 40% of the seats is enough to thwart the passage of the bills into law.

The bills will accordingly be the acid test of the durability of the GNU. If the ANC is truly serious about upholding the rule of law and ending corruption it will support the bills.

 

Yours in accountability,

Paul Hoffman SC

 

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