Browsing by Author "Chetty, Jonathan"

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    An analysis of the independence the Special Investigating Unit as an anti-corruption agency in South Africa
    (Stellenbosch : Stellenbosch University, 2017-03) Chetty, Jonathan; Pillay, P.; Stellenbosch University. Faculty of Economic and Management Sciences. School of Public Leadership.
    ENGLISH SUMMARY : Arguments relating to anti-corruption agencies have grown in prominence over the last two decades. These arguments have been largely related to the various international agreements binding countries on how best to deal with corruption and the minimum requirements that should be considered in the establishment of Anti-corruption agencies. Critically, key to the effectiveness and impact of anti-corruption agencies are their independence, which renders the agency impartial and free from favour and/or prejudice. Many academics and international organisations call for the independence of anti-corruption agencies tirelessly so as to embed the knowledge necessary for the implementation of independent agencies. The Special Investigating Unit is no different as its mandate is core to both the South African constitutional and anti-corruption imperatives. Hence these must be seen and function independent of political or other influence. The independence of anti-corruption agencies cuts through three critical aspects that must be considered when determining the level of independence it enjoys. These include: organisational, functional and financial independence. The South African Special Investigations Unit does enjoy some independence. However, the emerging question is whether it is independent to the degree that it complies with South Africa’s Constitutional obligations in terms of what is required by existing international obligations or agreements as ratified by South Africa. Establishing the Unit’s overall independence against the test of national legislation and that of the international requirements therefore, paves the way for a critical analysis of the Unit’s organisational, functional and financial independence; which are the focus of this inquiry. The research results show, that while the Unit does not stand out overwhelmingly against international standards, its current statutory independence along with its associated far-reaching powers, appear to have enabled it to remain effective in the fight against corruption. There does however, appear to be a need for some legislative amendments which would only serve to enhance its independence and improve its positioning in South Africa as one of the key, if not the key anti-corruption agency, in South Africa.