The justice and constitutional development committee deferred deliberations on the two private member’s bills proposing constitutional amendments to set up an Anti-Corruption Commission and a Cyber Commissioner.
This after DA MP Glynnis Breytenbach briefed the committee on Tuesday on the bills aimed at strengthening accountability and the country's criminal justice system.
The two bills will, if passed, establish two Chapter 9 institutions that will investigate, prosecute and combat corruption and strengthen cyber security.
Breytenbach said the Anti-Corruption Commission Bill will remove a large burden off the NPA, allowing them to concentrate on their core function of prosecuting crime independently and give them space to rebuild an essential institution.
“An Anti-Corruption Commission will concentrate on a strictly defined and legislated space, dealing only with large scale grand corruption and high-level organised crime, harnessing the capabilities of the Special Tribunal of the SIU more effectively,” she said.
She also said there was a need for an institution outside the NPA, with heightened security of independence that will enjoy the status of a Chapter 9 institution and not be dissolved at the stroke of a pen.
Advocate Paul Hoffman, who worked with DA on the bill, said the proposed legislation was about properly enforcing a binding judgement of the highest court of the land in matters emanating from the disbandment of the Directorate of Special Operations, the defunct Scorpions.
Hoffman said the NPA was not appropriate to house such an anti-corruption machinery as it was under the final responsibility of the Minister of Justice and did not act in a manner independent of executive control.
Regarding the Cyber Commissioner, Breytenbach said state departments and critical infrastructure were not sufficiently protected against cyber threats and were not properly equipped with protecting sensitive public information against hacks.
“The entities currently tasked with dealing with these problems are either underfunded or lack the proper cyber expertise.
“They are also scattered across a range of government departments.” She said the Cyber Commissioner will be key in safeguarding basic human rights as entrenched in the Constitution, and will possibly replace the role of the Information Regulator over time.
Breytenbach said the two bills were essential and would place the country at the forefront in the fight against corruption and dealing with cyber related issues.
“I would ask the committee convert them to committee bills and drive them so that the committee gets the recognition for that,” she said.
ANC MP Oscar Mathafa was concerned that the two bills were likely to create parallel authorities.
She also asked if the work of the Information Regulator has been assessed and it was found to be inadequate.
MK Party’s Mzwanele Manyi said his party rejected the bills because they will cause duplication of mandate and institutional fragmentation.
“The establishment of the Anti-Corruption Commission can create an unnecessary overlap with the NPA and Hawks, both of which are constitutionally mandated to combat corruption and high level crime,” Manyi said.
Manyi noted that the formation of the commission would require substantial funding to cover its operations.
“In a constrained fiscal environment these funds should be better allocated to bolster the capacity and independence of anti-corruption institutions,” he said.
The ACDP and Freedom Front Plus welcomed the bills.
Committee chairperson Xola Nqola said there were many issues relating to the bills.
He also said they still need to get to the bottom of the weaknesses at the Information Regulator and whether there are any legislative defects there.
Nqola said they would call a meeting to deliberate on the two bills and take a decision whether to proceed with them or take them as committee bills.
“If the committee agrees, we will follow the necessary procedure when a bill is introduced.
“If the committee rejects it, it will be the end of our role with the bill,” he said.
He noted that they were faced with a question whether to create a new Chapter 9 institution or acknowledge the weaknesses emanating from the fight against corruption.
Cape Times