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As the Madlanga Commission reckons with the layers of criminality and political interference that have undermined South Africa's justice system, the country continues to grapple with the urgent challenge of restoring public trust in its institutions. At this critical moment, the National Anti-Corruption Advisory Council ("NACAC") has concluded its inaugural term by delivering its Final Report ("Report") – a blueprint for reform in the nation's Sisyphean struggle against corruption. The central question is whether this blueprint will finally deliver the integrity and accountability that have long been promised or simply become the latest in a series of ambitious reforms that fail to take root.
The NACAC's Recommendations
The Report offers a clear-eyed assessment of corruption's scale and impact in South Africa, framing it as a systemic problem rooted in historical inequality, weak governance, and entrenched patronage networks. State capture continues to siphon resources from essential services, erode faith in democratic institutions, and fuel organised crime. Corruption permeates both institutions and daily life, with vulnerable communities bearing the brunt. The economic toll is severe, estimated at up to R1.5 trillion in losses and a 4% drag on GDP growth.
To confront these challenges, the Report outline three key recommendations:
- Establishing the Office of Public Integrity and Accountability ("OPI"): Envisioned as a new Chapter 9, the OPI would lead systemic audits and investigations, support whistleblowers, issue binding recommendations, and recover stolen assets. It would operate independently, control its own budget, and appoint leadership through transparent processes. The OPI would absorb and expand the powers of the Special Investigating Unit, being empowered to convene public hearings and enforce its findings through the courts.
- Mobilising Society: The Report urges a bold communications strategy to foster integrity and active citizenship. It proposes national dialogues, youth engagement, targeted efforts to address sexual corruption, and a National Communications Partnership led by the OPI. These initiatives aim to dismantle the entrenched perception that corruption is necessary for survival – a mindset reinforced by impunity and institutional decay.
- Strengthening Law Enforcement Agencies: The Report calls for clearer mandates across key agencies: the Investigating Directorate Against Corruption would tackle serious corruption and commercial crime, while the Hawks would focus on organised crime. A Case Management Committee, chaired by the National Director of Public Prosecutions, would coordinate investigations and prosecutions. The Report also advocates for transparent appointments, greater independence and resources for the National Prosecuting Authority, and the integration of advanced analytics and AI.
From Promise to Practice
These recommendations reflect a bold vision, but South Africa has a long history of anti-corruption reforms that have faltered in the face of political resistance and institutional inertia. The Zondo Commission exposed the full extent of state capture and corruption, but its findings have failed to translate into prosecutions.
The proposal to establish the Office of Public Integrity and Accountability as a Chapter 9 institution seeks to overcome these shortcomings by offering constitutional safeguards that ordinary statutory bodies lack. Chapter 9 institutions can only have their heads removed by a two-thirds majority in Parliament, and the institutions themselves can only be dissolved through a constitutional amendment. In this regard, the NACAC's recommendation heeds the cautionary tale of the Scorpions, who were disbanded by a simple parliamentary majority, seemingly when their investigations began to threaten powerful interests.
Yet, constitutional insulation alone is no guarantee of success. The experience of existing Chapter 9 institutions, such as the Public Protector and Auditor-General, shows that even robust legal frameworks can be undermined without operational integrity, credible leadership, and real enforcement capacity. Without these, even constitutionally protected institutions remain vulnerable to undue influence and systemic breakdown.
The Report rightly prioritises multi-agency collaboration and clarified mandates. But without clear roles and a culture of accountability, the OPI could quickly become entangled in bureaucratic disputes. Similarly, reforming law enforcement will demand more than policy tweaks. Success hinges on sustained leadership, sufficient resources, and a firm commitment to implementation. Without these, even the most well-designed reforms will falter.
While institutional reform is essential, the blueprint also recognises that corruption is deeply embedded in society. The proposed communications strategy aims to build a culture of integrity and active citizenship, but unless these efforts are paired with real consequences for wrongdoing, they risk becoming mere window dressing. Whistleblower protection, in particular, will be a litmus test for the seriousness of reform; unless those who expose corruption are truly safeguarded, the culture of silence and fear will persist.
Perhaps the greatest threat to the NACAC blueprint is "reform fatigue." After years of commissions, new agencies, and "zero tolerance" rhetoric, public scepticism is understandable. There is a real risk that the OPI could become a symbolic fix – another high-profile institution that absorbs public pressure without creating meaningful change. Unless it is empowered with genuine independence, adequate resources, and the authority to hold even the most powerful to account, the OPI risks joining the long list of initiatives that promised transformation but delivered disappointment.
Taken together, the NACAC's recommendations aim to institutionalise integrity, mobilise society, and strengthen enforcement – each a pillar in the fight against impunity.
The Road Ahead
The NACAC's Final Report arrives not in a vacuum, but in the long shadow of past reform efforts that promised transformation and delivered little. Its proposals are ambitious, but ambition alone is not enough. The creation of the OPI must break the familiar cycle of bold plans followed by quiet retreat.
South Africa does not need another institution – it needs a turning point. The OPI must act decisively, resist political interference, and earn public trust through tangible impact. Its credibility will depend not on its mandate, but on its momentum.
This blueprint will only matter if it leads to consequences – for wrongdoing, for impunity, and for the status quo that has allowed corruption to thrive. If the OPI is to succeed, it must be more than a safeguard. It must be a signal that accountability is no longer optional, and that integrity is not negotiable. Anything less, and the blueprint will become another entry in South Africa's long catalogue of stalled reforms
But if met with urgency and resolve, it could be the moment South Africa finally turns the page.
Originally published by Business Day
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