The Democratic Alliance (DA) noted that with the National Prosecuting Authority (NPA) Amendment Act being ineffective against corruption, it will be introducing a Private Members Bill, which aims to amend the Constitution to establish the Anti-Corruption Commission as an independent Chapter 9 institution empowered to investigate and prosecute serious corruption and organised crime.

DA Spokesperson on Justice and Constitutional Development Glynnis Breytenbach pointed out that the body would be free from political control, and its budget would be directly determined by the National Treasury.

She noted the body should enjoy secure tenure of office, and report only to Parliament.

President Cyril Ramaphosa has announced the commencement of the NPA Amendment Act, which will see the Investigative Directorate (ID) be made a permanent feature within the NPA.

Ramaphosa signed the Bill into law in June.

Breytenbach highlighted that while the Act was a small step in the right direction towards addressing the issues of the fight against corruption, the DA believed it was a temporary solution.

She explained that the establishment of a permanent ID by the Amendment Act did not achieve much in tackling corruption.

“The Amendment Act fails to address real problems within the NPA - its lack of sufficient appropriate skills and funding. The Scorpions, which the Act attempts to replicate, were effective because they had access to excellent and experience prosecutors and effective investigators. For the NPA to make these changes it needs to receive an appropriate budget,” she added.

She further alleged that the Act did nothing to remove the Minister’s “spectre of control over the NPA, as they still exercise the final responsibility over the NPA and control its budget or lack thereof”.

“The fact that the ID is permanent is also misleading. Depending on the political winds, a simple majority could see its removal, like when the Scorpions were disbanded by a legislative amendment. This means that the ID does not enjoy the security of tenure required to ensure its independence,” Breytenbach said.

She stated that the fight against corruption could not be solved with what she termed slapdash legislation which she said did nothing to properly ensure the independence of the NPA.