The RSA government and state organs' stance on corruption

 

Corruption is a threat to the state and in society, and it has a negative impact on socio-economic issues. The RSA government has made a commitment to itself and the citizens to fight corruption and hold officer bearers accountable in various sectors of society. South Africa is a democratic country as per the Constitution. The Constitution stipulates that the Bill of Rights is a cornerstone of democracy in the Republic of South Africa. The state is obliged to respect, guard, endorse, and fulfil the rights in the Bill of Rights. The rights in the Bill of Rights are subject to the limitations as per section 36, or elsewhere in the Bill.

 

The legislations empower the state organs that such as Special Investigating Unit, Investigative Directorate Investigating, National Prosecution Authority (NPA), The Hawks, State Capture Commission to combat inter alia corruption and fraud. The Special Investigating Unit is empowered by the Special Investigating Unit And Special Tribunals Act 74 OF 1996. The Act outlies inter alia the mandate and purpose of the SIU which is “investigating serious malpractices or maladministration in connection with the administration of State institutions. The Investigating Directorate was promulgated by the President of the RSA in terms of a government gazette in Proc. 20 GG 42383 of 4 April 2019. The ID’s mandate is on the investigation of corrupt activities in the following unlawful acts including fraud, forgery, corruption, etc. The statutory offences including but not limited to various legislations such as the Prevention and Combating of Corrupt Activities Act 6 of 2000; the Prevention of Organised Crime Act 121 of 1988; etc. The National Prosecution Authority is empowered by Section 179 of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996. As per the Act, the National Prosecuting Authority has the powers to act on behalf of the State by establishing and conducting any criminal proceedings, to execute any necessary functions related to instituting and conducting such criminal proceedings which include investigating and to discontinue criminal proceedings. The Prevention And Combating Of Corrupt Activities Act, 2004 empowers the Hawks inter alia to prevent and combat corruption and corrupt activities; to provide for the offence of corruption and offences relating to corrupt activities; to provide for investigative measures in respect of corruption and related corrupt activities; to provide for the establishment and endorsement of a Register in order to place certain restrictions on persons and enterprises convicted of corrupt activities relating to tenders and contracts. Moreover, the Act stipulates that the Hawks has the mandate to place a duty on certain persons holding a position of authority to report certain corrupt transactions; to provide for extraterritorial jurisdiction in respect of the offence of corruption and offences relating to corrupt activities; and to provide for matters connected therewith. In order to strengthen and support the constitutional democracy of South Africa, the South African constitution also mandate the government to have state organs such as the Chapter 9 institutions. These institutions must be autonomous, subjected only to the Constitution and the law, be unbiassed, execute their powers and perform their functions without fear, favour, or prejudice. Other organs of state must assist and protect Chapter 9 institutions to safeguard independence, impartiality, dignity, and effectiveness of these institutions.

 

In conclusion, it is clear that the legislations and measures in place help in combating crimes. The state organs as per the Constitution play an important role in society daily by fighting inter alia corruption and thus wrongdoers are being held accountable. Therefore, no stone will be left unturned because Rome was not built in one day.