The DA’s bill proposal of two new Chapter 9 institutions were shot down by political parties and state institutions. Picture: Ian Landsberg / Independent Newspapers
THE private member’s bill proposing the establishment of two Chapter 9 institutions to tackle complex corruption and cyber security appear not to enjoy the backing of political parties except one and state institutions.
DA MP Glynnis Breytenbach introduced the Anti-Corruption Commission and Cyber Commissioner bills, which may necessitate the amendment of the Constitution if passed by Parliament.
Breytenbach’s party was the lone voice in making a case for the two proposed new institutions during the meeting of the justice and constitutional development portfolio committee.
Speaking on the Anti-Corruption Bill, Deputy Andries Nel said corruption was one of the key issues facing the country.
“It has a detrimental effect on all our efforts to develop our country and in particular to advance promoting inclusive growth and creating jobs,” Nel said.
He said there has been extensive policy work to look at what were the most appropriate institutional arrangements to take forward the fight against crime.
Director-General Doctor Mashabane said his department was tasked by the justice, crime prevention and security cluster to work on the review of anti-corruption architecture in the country.
“This was informed by the need to strengthen the whole architecture. There are many institutions with different mandates, some of them overlapping.
“We were given the reasons during SONA and the president mentioned in this current financial year (that) the department will produce a report and take into account the report of the National Anti Corruption Advisory Council (NACAC),” Mashabane said.
In submission by deputy director-general Kalay Pillay, the department noted that in the drafting of the bill, only one non-governmental organisation was consulted.
“The establishment of an Anti-Corruption Commission will have a major impact on the fiscus. It is unfortunate that a provisional costing could not have been done to consider the possible financial implications of the eventual national legislation to be enacted in terms of the proposed section 191A of the Constitution.”
National Prosecuting Authority (NPA) head Shamila Batohi said there were processes driven by the Presidency and consultations by NACAC should be allowed to continue and that their findings and conclusion form the way forward.
She also said there was need to enhance coordination and maximise the prosecution-led investigations by the NPA via Investigative Directorate Against Corruption (IDAC).
“IDAC needs to be given time to be properly resourced and address the design flaws,” Batohi added.
EFF MP Rebecca Mohlala said the proposed commission was creating duplication than empower existing institutions.
ACDP’s Steve Swart said when the bill on IDAC was considered, it was made clear that the process of an amendment bill was imminent pending findings of NACAC.
“The National Director of Public Prosecutions correctly pointed there are issues when it comes to issue of resources,” Swart said.
DA’s Damien Klopper said he was not convinced by the arguments on duplication of mandate.
“What is important is successful prosecution of individuals. I am not convinced it is duplicate mandate but a correct step is successfully executing the mandate,’’ Klopper said.
On the Cyber Commission, Nel said there were quite extensive processes currently under way to deal with cyber security.
“We would propose these efforts could be usefully directed to assist the processes currently under way in the executive,” he said in reference to the draft bill.
Information Regulator South Africa chairperson Pansy Tlakula said Cyber Commissioner Bill proposes to deal with some of their mandate.
“As the Information Regulator, we have gone through the pain of establishing a new institution. It is a bit of a challenge with current fiscal constraints. We have a large mandate with a small budget.”
Tlakula suggested that if a constitutional body with similar mandate to theirs was to be formed, it should have commissioners that would deal with their work and also cyber security.
But Klopper said the establishment of the cyber security body would lead to effective coordinated response to cyber threats.
“Centralisation might result ultimately in cost saving and increased efficiency,” he said.
ANC MP Tshiamo Tsotetsi said the appetite to create a constitutional body was losing appetite.
“All matters raised around strengthening cyber security can all be located with strengthening the Information Regulator or an entity dealing with our security,” Tsotetsi said.
Committee chairperson Xola Nqola said they would have a session to deliberate on the substance of the two bills.
“From there, we will decide what must happen and make a recommendation and report to the House,” Nqola said.
mayibongwe.maqhina@inl.co.za