The National Anti-Corruption Advisory Council (NACAC) has told President Cyril Ramaphosa to establish the Office of Public Integrity (OPI) and strengthen law enforcement agencies to bolster the fight against corruption. 

NACAC was set up in August 2022 by Ramaphosa to advise on the way forward with countering fraud and corruption. 

This appointment was part of Ramaphosa’s overall response to the report of the Zondo commission into allegations of state capture. 

The advisory council was also established to advise the President on the implementation of the National Anti-Corruption Strategy 2020-2023 and, among other things, to advise on strengthening the State’s anti-corruption architecture.

It was also expected to provide advisory input on the recommendations of the Zondo commission. 

The report was handed to Ramaphosa last week. 

The council said corruption in South Africa is a pervasive problem that undermines governance, service delivery and economic growth by involving the improper use of public funds for private gain through bribery and other illicit practices. 

While the country has strong anti-corruption laws, enforcement is often weak and fear of retaliation discourages whistleblowers.

NACAC, chaired by Professor Firoz Cachalia, stated that there is currently impunity for perpetrators of serious corruption in the country and that this has eroded public trust in the government. 

The advisory council also regarded the current crisis in law enforcement as a threat to the stability and the future of South Africa. 

The council recommended the establishment of OPI as a permanent, independent and overarching anti-corruption body.

This after the Zondo commission recommended that a permanent commission should be established as the main function to investigate and expose acts of state capture and corruption. 

The council said it was also encouraged by the requirements of the United Nations Convention against Corruption (UNCAC), which requires countries to ensure the existence of a body or bodies to prevent corruption, implement and coordinate anti-corruption policies, increase and disseminate knowledge about corruption prevention, and oversee preventive measures. 

“SA needs an agency dedicated to the containment and eventual eradication of the scourge of corruption,” said Cachalia, who is also acting Minister of Police.

However, NACAC’s recommendations have not been widely welcomed, with the lack of political willpower highlighted as a crucial obstacle to dealing with corruption. 

Political analyst Professor Sipho Seepe said the country is not running short of policies and institutions to fight corruption, adding that the challenge is at the level of implementation. 

“Where there is implementation, it is selective and targeted at political opponents,’’ he said. 

Another political analyst Zakhele Ndlovu said it is a waste of taxpayers’ money to have many agencies and commissions for as long as there is no political will to punish those implicated. 

“There is no political will to act against those implicated in wrongdoing, corruption and unlawful activities. The Zondo commission implicated senior ANC leaders such as Gwede Mantashe, Nomvula Mokonyane and nothing happened to them,’’ Ndlovu said. 

Mantashe took the findings of the commission on review, saying the commission acted beyond its mandate when it recommended that he should be investigated for corruption, while Mokonyane denied the allegations against her. 

Meanwhile, NACAC added that the OPI should be entrenched in chapter 9 of the Constitution and absorb the mission, powers and resources of the SIU, enabling it to become operational immediately with a proven investigative and recovery capability.

The office is expected to perform investigative functions, including risk mapping, systemic audits and civil investigations. 

The council also recommended the overhaul of the legislative framework of the National Prosecuting Authority (NPA), adding that in any democracy, the police and the prosecutorial agency require operational independence to take policing and prosecutorial decisions without fear and favour. 

“At present the NPA is not an independent agency. It is a mere programme of the Department of Justice and Constitutional Development (DJCD). The NPA’s budget and many HR decisions are controlled by the DJCD – this is a serious constraint on the NPA’s ability to function effectively and independently,’’ said Cachalia, adding that the Investigating Directorate Against Corruption (IDAC) should be given more resources and capacity to tackle corruption by high-ranking politicians and government officials. 

“In the short term the resources in the Hawks dedicated to tackling corruption should be allocated to the IDAC, which should be rebranded and launched within six months to signal the seriousness with which the current administration takes the issue of addressing corruption,’’ said Cachalia who added that the Madlanga commission, recently announced by Ramaphosa to investigate political interference in the law enforcement, should pay special attention to the dire state of crime intelligence because of the critical role played by that division in the investigation of corruption. 

The council also recommended that the commission should consider the possibility of establishing dedicated crime intelligence units in the agencies responsible for investigating serious corruption and organised crime.

After receiving the report last week, Ramaphosa said the national executive will process the recommendations for tabling and deliberation in the Cabinet.

manyane.manyane@inl.co.za

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