Key Takeaways
- Civil society organisations Accountability Now and the African Policing Civilian Oversight Forum (Apcof) have submitted proposals to parliament’s ad hoc committee to assist in its investigation into alleged corruption within the criminal justice system.
- The investigation follows a media briefing by KwaZulu-Natal police commissioner Lt-Gen Nhlanhla Mkhwanazi, who implicated senior law enforcement officials in interfering with police work.
- The proposals suggest the establishment of a Chapter 9 Anti-Corruption Commission, strengthening parliamentary oversight, and insulating SAPS operational command from political interference.
- The organisations also propose providing MPs and parliamentary staff with specialised training, imposing sanctions on members of the executive who fail to meet deadlines, and strengthening legislative provisions to ensure transparent, merit-based appointments for senior police leadership.
Introduction to the Investigation
The ad hoc committee established by parliament to investigate alleged corruption within the criminal justice system has received formal proposals from civil society organisations Accountability Now and the African Policing Civilian Oversight Forum (Apcof). The investigation was prompted by a bombshell media briefing held last year by KwaZulu-Natal police commissioner Lt-Gen Nhlanhla Mkhwanazi, who implicated senior law enforcement officials in interfering with police work. The committee has been hearing from several implicated witnesses and has now turned its focus to the public to receive submissions from civil society.
The Current State of Law Enforcement
Advocate Paul Hoffman, director of Accountability Now, addressed the current state of law enforcement, describing the administration as "dysfunctional" due to the alleged corruption. Hoffman argued that the criminal justice administration in South Africa is dysfunctional because corruption with impunity is rampant in the land. He emphasized that the idea of a Chapter 9 institution seems to be the most obvious solution, as none of these institutions answer to the executive branch, and their reporting line would be directly to the relevant parliamentary committee. Hoffman urged the committee to consider two private members’ bills introduced by DA MP Glynnis Breytenbach, which propose the establishment of a Chapter 9 Anti-Corruption Commission.
Proposals for Reform
Sean Tait, representing Apcof, presented two primary suggestions: strengthening parliamentary oversight and insulating SAPS operational command from political interference. Tait referenced Mkhwanazi’s claim that he had previously submitted statements to parliament regarding interference, yet no action was taken – a failure that eventually led to his public media briefing. Tait emphasized that addressing political interference was not a matter of discretion but a "critical duty" that demanded immediate action. He proposed several concrete steps for reform, including providing MPs and parliamentary staff with specialised training, imposing sanctions on members of the executive who fail to meet deadlines, and strengthening legislative provisions to ensure transparent, merit-based appointments for senior police leadership.
The Need for Independent Oversight
Hoffman argued that while various task teams exist, there is no single body outside of executive control dedicated solely to fighting corruption. He emphasized that the Hawks are not up to the task of dealing with corruption in South Africa, and that the idea of a Chapter 9 institution seems to be the most obvious solution. Tait also emphasized the need for independent oversight, stating that the system would be strengthened if SAPS leadership were required to be transparent and accountable. He proposed making vetting and lifestyle audits mandatory for all senior SAPS managers and Crime Intelligence officers, and creating a specialised subcommittee within the portfolio committee on police that could focus on the broader criminal justice system.
Conclusion and Recommendations
In conclusion, the proposals submitted by Accountability Now and Apcof highlight the need for urgent reform in the criminal justice system. The establishment of a Chapter 9 Anti-Corruption Commission, strengthening parliamentary oversight, and insulating SAPS operational command from political interference are all crucial steps towards addressing the alleged corruption and ensuring that those responsible are held accountable. The committee’s investigation and the proposals submitted by civil society organisations are a step in the right direction, and it is essential that parliament takes immediate action to address the allegations and implement the necessary reforms. By doing so, South Africa can begin to rebuild trust in its criminal justice system and ensure that justice is served for all.
