A national anti-corruption strategy

1. SAPS Amendment Bill, B12 of 2012Presentation by the Council for the Advancement of the South African Constitution (CASAC)Sipho M PityanaVusi Pikoli

2. A national anti-corruption strategy Corruption is a major impediment to socio-economic progress in SA Lack of a national over-arching strategy Common understanding of what constitutes corruption Ad hoc approach led to a plethora of bodies tasked with dealing with aspects of corruption Lack of co-ordination leads to ineffectiveness

3. A Comprehensive Societal Response Research conducted by CASAC – looked at international conventions and domestic legal and institutional framework Recommends establishment of a dedicated, independent anti-corruption body Triple mandate of prevention, public education and investigation Current shortcomings - No entity with a public education mandate; lack of focus on private sector corruption; inadequate focus on prevention 3

4. Political Will Independence of the entity Sufficiency of resources Zero tolerance approach Adequate legal framework SA context demands a Chapter 9 institution

5. The Amendment BillIndependence & Effectiveness Structural and operational independence as well as public perceptions of independence Court was not prescriptive – left it up to Parliament to determine most appropriate & effective way to tackle corruption Ministry of Police has adopted a minimalist approach. Location in SAPS not a sound political decision - image of SAPS at a low ebb Parliament needs to engage in a meaningful debate to find optimal solution

6. Political Interference Unit must function independently – structural and operational autonomy No interference should be tolerated Relates to issues of appointment and dismissal of staff, security of tenure, remuneration, budgets & financial control

7. Mandate Three pronged – prevention, education & investigation Should not just focus on ‘serious’ corruption Must be able to initiate investigations and not just rely on referrals and complaints Mandate should not be subject to ‘policy guidelines’ issued by Minister of Police Must specifically include corruption as opposed to ‘priority crimes’

8. Appointments Process • Need a credible process that instills public confidence, not political appointments • Establish an appropriate panel within Parliament or including civil society reps • IEC appointments process • Objective criteria for appointment of head and senior management – qualifications, experience, integrity • Disclosure of business and political party affiliations

9. Tenure of Head of Unit • Non-renewable fixed term (no mid-term retirement). 7 or 10 year term – enhances independence as well as effectiveness • Dismissal only in exceptional circumstances (gross misconduct) and following due process (enquiry) with involvement of Parliament

10. Accountability Independence must not undermine accountability Parliament should be key accountability mechanism Head of unit to prepare budget and engage with Treasury and Parliament

11. Conclusion • Central role for Parliament in dealing with corruption • CASAC welcomes public hearings and hopes that it facilitates an inclusive debate • Need to identify the optimal solution taking into account concerns of the Concourt • CASAC willing to work with Portfolio Committee to achieve these goals