By Lehlohonolo Lehana.
The National Assembly has passed a bill that will make the Investigating Directorate a permanent body within the National Prosecuting Authority (NPA).
It has since 2019 been operating under a presidential proclamation primarily to prosecute state capture crimes.
The Bill also makes provision for the appointment of permanent investigators and establishes an appeals mechanism through the appointment of a retired judge.
The aim is to enhance the NPA’s independence and ability to prosecute high-level crimes.
It has, however, been met with criticism from opposition parties who fear that the body will eventually be disbanded like the former Scorpions, which achieved a conviction rate of over 90%.
The DA’s Glynnis Breytenbach told MPs that a permanent and independent anti-corruption agency would be a better alternative.
“We should be here establishing a truly independent, separate from the NPA, probably Chapter 9 institution, that will be able to combat corruption and organised crime and make South Africa safe again for South Africans.
“It should be in control of its own budget, negotiate with the treasury and be accountable to Parliament. It should be a requirement at a heightened majority is required to disband it, so it can not be dissolved for the sake of protecting politicians.”
The Economic Freedom Fighters (EFF)’s Busisiwe Mkhwebane laid into the NPA, saying it had been ineffective in prosecuting high-level corruption and that an independently-funded agency would have been more preferable.
“Not an NPA, which is currently failing to prosecute the Steinhoff corruption, not the NPA which is currently failing to hold the president to account on the Phala Phala matter.”
The bill has now been referred to the National Council of Provinces (NCOP) for concurrence.
The National Assembly has also passed the contentious IPID Amendment Bill despite objections from opposition parties.
The bill contains amendments to the Independent Police Investigative Directorate (IPID) Act which relate to the appointment of the police watchdog’s head and the salary scales of IPID investigators.
In 2016, the Constitutional Court instructed Parliament to amend the IPID Act after former head, Robert McBride, challenged his suspension.
Deputy Police Minister Cassel Mathale defended the amendments contained in the bill and dismissed concerns around the constitutionality of the bill.
Submissions made by parties during discussions want Parliament to lead the process to appoint the IPID head and not a minister-appointed independent panel.
The National Council of Provinces (NCOP) also passed the Prevention and Combating of Hate Crimes and Hate Speech Bill with proposed amendments last month, with the Bill sent back to the NA to consider the proposed amendments.
The Bill aims to protect all South Africans from hate crimes and hate speech, especially those based on race, ethnicity, gender, sexual orientation, or any other form of discrimination.
The Bill defines a hate crime as an offence where the offender is encouraged by prejudice towards a victim of a crime due to specific or perceived characteristics.
Hate speech is defined as the intentional publishing of anything that can incite or promote hate.
Depicting hate speech includes any written, illustrated, visual display; utterance; representation or reference; or electronic communication – meaning that social media posts fall under the new Bill.
The Bill also lists the penalties for these offences, including fines, imprisonment, or both.