Call for independent, anti-corruption agency in SA's justice system

Recent inquiries into the state of the South African criminal justice system have exposed multiple allegations of corruption and dysfunction.

Director of Accountability Now, Advocate Paul Hoffman says these issues date as far back as 2011, to the Glenister v President case, in which the court held that the state is constitutionally obligated to establish and maintain an independent agency to combat corruption.

"In the second Glenister case, the ruling was made that our law demands a body outside executive control to deal effectively with corruption... I want the judgment in Glenister II to be implemented by legislature, the executive and the administration of South Africa."

He says there is something positive in the pipeline.

"It so happens that there are two bills before parliament – one to establish, and another to enable a new Chapter 9 anti-corruption commission... that way of going about it removes the responsibility for countering corruption from any of the existing institutions, which would include IPID, the NPA, and the police."

In response to the question of why this has not yet been established – despite numerous recommendations – Hoffman says the problem is a lack of political will.

"They are either corrupt themselves, or they are beholden to somebody who is corrupt that they wish to protect."

To listen to Advocate Paul Hoffman in conversation with CapeTalk and 702’s Mandy Wiener, click the audio below: