Zondo recommendations
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Individual Reform: Zondo recommendations 2026 - 2027

Most of the recommendations are yet to be fulfilled particularly those regarding an anti-corruption agency and other new structurures to combat corruption. There is some slow progress in some areas but the GNU has a huge responsibility going forward and needs to create practical timelines.

Anti state capture and corruption commission

Summary

The anti-corruption commission however is not considered a key component of the government’s actions.

Canvas not supported.

Is it working?

No action yet.

Actions

Not part of government's plan.

Are there plans?

Criminal justice system reforms.

Is it on the agenda?

Zondo Commission recommendation.

Goals

The Zondo Commission recommended the establishment of a permanent anti-corruption commission that would have oversight over both parliament and the executive.

Departments / Govt Institutions

Department of Justice and Constitutional Development

Summary

The anti-corruption commission has not been prioritised.

Canvas not supported.

Is it working?

No action yet. The previous administration showed little enthusiasm for implementing this recommendation and we await to see if it progresses under the GNU.

Actions

Not part of government's plan.

Are there plans?

Criminal justice system reforms.

Is it on the agenda?

Zondo Commission recommendation.

Goals

The Zondo Commission recommended the establishment of a permanent anti-corruption commission that would have oversight over both parliament and the executive.

Departments / Govt Institutions

Department of Justice and Constitutional Development

Summary

This Zondo recommendation was ignored by the previous administration but in November 2024, the DA introduced the Constitution Twenty-First Amendment Bill, also known as the “anti-corruption bill”, to Parliament, having proposed it before the 29 May elections. In conjuction with this bill, the DA also tabled the Constitution Twentieth Amendment Bill which seeks to create a a specialised cyber commission to enhance the country’s cybersecurity efforts.

Canvas not supported.

Is it working?

No action yet. The previous administration showed little enthusiasm for implementing this recommendation and the DA's private bill to establish an anti-corruption commission may cause tensions within the GNU.

Actions

It was not part of government's plans pre-GNU but is before parliament through the DA's private bill. It has yet to be debated.

Are there plans?

Private bill tabled by DA in parliament.

Is it on the agenda?

Zondo Commission recommendation but not on the government agenda. Before the elections, the DA tabled its private bill, the Constitution Twenty-First Amendment Bill, to establish a permanent anti-corruption commission (Chapter 9 institution), operating independently from executive control.

Goals

The Zondo Commission recommended the establishment of a permanent anti-corruption commission that would have oversight over both parliament and the executive.

Departments / Govt Institutions

Department of Justice and Constitutional Development

Summary

This Zondo recommendation was ignored by the previous administration but in November 2024, the DA introduced the Constitution Twenty-First Amendment Bill, also known as the “anti-corruption bill”, to Parliament, having proposed it before the 29 May elections. In conjuction with this bill, the DA also tabled the Constitution Twentieth Amendment Bill which seeks to create a a specialised cyber commission to enhance the country’s cybersecurity efforts.

Canvas not supported.

Is it working?

No action yet. The previous administration showed little enthusiasm for implementing this recommendation and the DA's private bill to establish an anti-corruption commission may cause tensions within the GNU.

Actions

It was not part of government's plans pre-GNU but is before parliament through the DA's private bill. It has yet to be debated.

Are there plans?

Private bill tabled by DA in parliament.

Is it on the agenda?

Zondo Commission recommendation but not on the government agenda. Before the elections, the DA tabled its private bill, the Constitution Twenty-First Amendment Bill, to establish a permanent anti-corruption commission (Chapter 9 institution), operating independently from executive control.

Goals

The Zondo Commission recommended the establishment of a permanent anti-corruption commission that would have oversight over both parliament and the executive.

Departments / Govt Institutions

Department of Justice and Constitutional Development

Summary

This Zondo recommendation was ignored by the previous administration but in November 2024, the DA introduced the Constitution Twenty-First Amendment Bill, also known as the “anti-corruption bill”, to Parliament, having proposed it before the 29 May elections. In conjuction with this bill, the DA also tabled the Constitution Twentieth Amendment Bill which seeks to create a a specialised cyber commission to enhance the country’s cybersecurity efforts.

Canvas not supported.

Is it working?

No action yet. The previous administration showed little enthusiasm for implementing this recommendation and the DA's private bill to establish an anti-corruption commission may cause tensions within the GNU.

Actions

It was not part of government's plans pre-GNU but is before parliament through the DA's private bill. It has yet to be debated.

Are there plans?

Private bill tabled by DA in parliament.

Is it on the agenda?

Zondo Commission recommendation but not on the government agenda. Before the elections, the DA tabled its private bill, the Constitution Twenty-First Amendment Bill, to establish a permanent anti-corruption commission (Chapter 9 institution), operating independently from executive control.

Goals

The Zondo Commission recommended the establishment of a permanent anti-corruption commission that would have oversight over both parliament and the executive.

Departments / Govt Institutions

Department of Justice and Constitutional Development

Summary

This commission is meant to build on the work of the Zondo Commission by providing a continuous institutional mechanism to investigate, expose and make findings on acts of state capture and corruption, rather than relying on temporary or ad hoc inquiries.

Canvas not supported.

Is it working?

The commission is not yet in place as the Department of Justice and Constitutional Development will include the NACAC recommendations in its work on review of the anti-corruption architecture, with a view to presenting a report to Cabinet by October 2025.

Actions

NACAC's report is currently under consideration by the national executive.

Are there plans?

NACAC's proposals have not yet resulted in formal establishment but the Department of Justice and Constitutional Development has been tasked with reporting on NACAC's proposals in the current financial year.

Is it on the agenda?

The National Anti-Corruption Advisory Council (NACAC) has completed extensive research and consultations on its recommendations report concerning the establishment of a permanent anti-corruption commission, including other proposals like a Public Procurement Anti-Corruption Agency.

Goals

The goal of the Zondo Commission's recommendation to establish a permanent anti-corruption commission is to create a dedicated, independent body that would have ongoing oversight and investigative powers over corruption within both the executive and parliament.

Departments / Govt Institutions

Department of Justice and Constitutional Development

Summary

This commission is meant to build on the work of the Zondo Commission by providing a continuous institutional mechanism to investigate, expose and make findings on acts of state capture and corruption, rather than relying on temporary or ad hoc inquiries.

Canvas not supported.

Is it working?

The commission is not yet in place as the Department of Justice and Constitutional Development will include the NACAC recommendations in its work on review of the anti-corruption architecture, with a view to presenting a report to Cabinet by October 2025.

Actions

In August 2025, NACAC published its final report which recommended the establishment of the Office of Public Integrity and Anti-Corruption (OPI) as a Chapter 9 institution. The OPI would absorb the mission, powers and resources of the SIU, maintaining its full portfolio of work, thus enabling the OPI to be operational with immediate effect and adding to its functions, powers, staff and resources. The OPI would also have a whistleblower protection and support function. NACAC's report is currently under consideration by the national executive. In December 2025, the minister highlighted that a technical consultation workshop was held with all the law enforcement agencies to source their comments on the recommendations. Preliminary comments have been received and will be processed to the JCPS Ministerial Cluster.

Are there plans?

NACAC's proposals have not yet resulted in formal establishment but the Department of Justice and Constitutional Development has been tasked with reporting on NACAC's proposals in the current financial year.

Is it on the agenda?

The National Anti-Corruption Advisory Council (NACAC) has completed extensive research and consultations on its recommendations report concerning the establishment of a permanent anti-corruption commission, including other proposals like a Public Procurement Anti-Corruption Agency.

Goals

The goal of the Zondo Commission's recommendation to establish a permanent anti-corruption commission is to create a dedicated, independent body that would have ongoing oversight and investigative powers over corruption within both the executive and parliament.

Departments / Govt Institutions

Department of Justice and Constitutional Development

Summary

An anti-state capture and corruption commission is meant to build on the work of the Zondo Commission by providing a continuous institutional mechanism to investigate, expose and make findings on acts of state capture and corruption, rather than relying on temporary or ad hoc inquiries.

Canvas not supported.

Is it working?

The commission is not yet in place

Actions

In August 2025, the National Anti-Courruption Advisory Council (NACAC) published its final report which recommended the establishment of the Office of Public Integrity and Anti-Corruption (OPI) as a Chapter 9 institution. The OPI would absorb the mission, powers and resources of the SIU, maintaining its full portfolio of work, thus enabling the OPI to be operational with immediate effect and adding to its functions, powers, staff and resources. The OPI would also have a whistleblower protection and support function. NACAC's report is currently under consideration by the national executive. In December 2025, the minister highlighted that a technical consultation workshop was held with all the law enforcement agencies to source their comments on the recommendations. Preliminary comments have been received and will be processed to the JCPS Ministerial Cluster.

Are there plans?

NACAC's proposals have not yet resulted in formal establishment but the Department of Justice and Constitutional Development has been tasked with reporting on NACAC's proposals in the current financial year.

Is it on the agenda?

The National Anti-Corruption Advisory Council (NACAC) has completed extensive research and consultations on its recommendations report concerning the establishment of a permanent anti-corruption commission, including other proposals like a Public Procurement Anti-Corruption Agency.

Goals

The goal of the Zondo Commission's recommendation to establish a permanent anti-corruption commission is to create a dedicated, independent body that would have ongoing oversight and investigative powers over corruption within both the executive and parliament.

Departments / Govt Institutions

Department of Justice and Constitutional Development

Summary

An anti-state capture and corruption commission is meant to build on the work of the Zondo Commission by providing a continuous institutional mechanism to investigate, expose and make findings on acts of state capture and corruption, rather than relying on temporary or ad hoc inquiries.

Canvas not supported.

Is it working?

The commission is not yet in place

Actions

In August 2025, the National Anti-Courruption Advisory Council (NACAC) published its final report which recommended the establishment of the Office of Public Integrity and Anti-Corruption (OPI) as a Chapter 9 institution. The OPI would absorb the mission, powers and resources of the SIU, maintaining its full portfolio of work, thus enabling the OPI to be operational with immediate effect and adding to its functions, powers, staff and resources. The OPI would also have a whistleblower protection and support function. NACAC's report is currently under consideration by the national executive. In December 2025, the minister highlighted that a technical consultation workshop was held with all the law enforcement agencies to source their comments on the recommendations. Preliminary comments have been received and will be processed to the JCPS Ministerial Cluster.

Are there plans?

NACAC's proposals have not yet resulted in formal establishment but the Department of Justice and Constitutional Development has been tasked with reporting on NACAC's proposals in the current financial year.

Is it on the agenda?

The National Anti-Corruption Advisory Council (NACAC) has completed extensive research and consultations on its recommendations report concerning the establishment of a permanent anti-corruption commission, including other proposals like a Public Procurement Anti-Corruption Agency.

Goals

The goal of the Zondo Commission's recommendation to establish a permanent anti-corruption commission is to create a dedicated, independent body that would have ongoing oversight and investigative powers over corruption within both the executive and parliament.

Departments / Govt Institutions

Department of Justice and Constitutional Development

Analyst: Nduduzo Langa
Status: in-progress
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    Enhanced whistleblowing protection

    No data available for the deliverable: Enhanced whistleblowing protection

    No data available for the deliverable: Enhanced whistleblowing protection

    No data available for the deliverable: Enhanced whistleblowing protection

    No data available for the deliverable: Enhanced whistleblowing protection

    No data available for the deliverable: Enhanced whistleblowing protection

    No data available for the deliverable: Enhanced whistleblowing protection

    No data available for the deliverable: Enhanced whistleblowing protection

    No data available for the deliverable: Enhanced whistleblowing protection

    Summary

    The Zondo Commission recommended several measures to improve whistleblower protection, including granting whistleblowers criminal and civil immunity in certain cases and establishing an awards system to incentivise disclosures. Government has been working on reforms, including the Protected Disclosure Bill, which in April 2026 was submitted for public comment by 14 May 2026. The bill, among other things, seeks to expand the witness protection programme to include individuals whose matters are not before court.

    Canvas not supported.

    Is it working?

    Not yet in effect.

    Actions

    In June 2023, the department published a discussion document on proposed reforms for the whistleblower protection regime for public comment. This document recommended several legislative measures to strengthen whistleblower protection, including criminalising threats against whistleblowers and shifting the onus of proof to those seeking to deny whistleblower claims. The review process has progressed with inputs received and proposals refined, resulting in the preparation of a draft bill. The Protected Disclosure Bill is out for public comment.

    Are there plans?

    In the 2025 Sona, President Ramaphosa announced the government's commitment to "finalise the whistleblower protection framework and introduce the Whistleblower Protections Bill in Parliament during this financial year." The Department of Justice and Constitutional Development's plans in relation to whistleblower protection include:
    1. Legislative finalisation of the reformed Protected Disclosures Bill by the last quarter of the 2025/26 fiscal year. The minister committed to write to the Leader of Government Business to request that the Bill be prioritised.
    2. Operationalisation of an integrated whistleblower reporting system across all organs of state.
    3. Launch of a national awareness campaign on whistleblower rights and protections.
    4. Establish a multidisciplinary support fund for whistleblowers.
    5. Annual public reporting on disclosures received, investigated and resolved.

    Is it on the agenda?

    The Department of Justice and Constitutional Development plans to introduce the Protected Disclosures Bill to Parliament as soon as possible after the completion of the ongoing cabinet process.

    Goals

    The goal of the Zondo Commission recommendations on whistleblower protection measures is to strengthen the legal framework to ensure effective protection and support for whistleblowers who expose corruption, particularly linked to state capture and public sector fraud.

    Departments / Govt Institutions

    Department of Justice and Constitutional Development

    Analyst: Nduduzo Langa
    Status: in-progress
    Last Updated:
    Next Update:
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    Reform:

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      Establish Standing Appointment and Oversight Committee (Zondo)

      No data available for the deliverable: Establish Standing Appointment and Oversight Committee (Zondo)

      No data available for the deliverable: Establish Standing Appointment and Oversight Committee (Zondo)

      No data available for the deliverable: Establish Standing Appointment and Oversight Committee (Zondo)

      No data available for the deliverable: Establish Standing Appointment and Oversight Committee (Zondo)

      No data available for the deliverable: Establish Standing Appointment and Oversight Committee (Zondo)

      No data available for the deliverable: Establish Standing Appointment and Oversight Committee (Zondo)

      Summary

      The recommendation by the Zondo Commission to establish a Standing Appointment and Oversight Committee relates to improving governance and accountability within SOEs. The committee, that is yet to be established, would provide an independent, transparent and rigorous process for appointing boards and senior executives (such as CEOs and CFOs) in SOEs.

      Canvas not supported.

      Is it working?

      Not yet in effect.

      Actions

      The National State Enterprises Bill (2024) aims to improve SOE governance and appointment processes, but this bill does not create a separate, independent appointment and oversight committee as initially recommended by the Zondo Commission.

      Are there plans?

      The National State Enterprises Bill (2024) aims to provide a comprehensive legal framework to manage state-owned enterprises. According to the Presidency, the bill's provisions, including appointment mechanisms, are an adequate response to the Zondo Commission's recommendation for merit-based, professional appointments.

      Is it on the agenda?

      South Africa has not yet established the Standing Appointment and Oversight Committee and has opted for a different approach to address the Zondo Commission's recommendation and concern.

      Goals

      The goal of establishing a Standing Appointment and Oversight Committee is to ensure an independent, transparent and rigorous process for appointing board members and senior executives in SOEs.

      Summary

      The recommendation by the Zondo Commission to establish a Standing Appointment and Oversight Committee relates to improving governance and accountability within SOEs. The committee, that is yet to be established, would provide an independent, transparent and rigorous process for appointing boards and senior executives (such as CEOs and CFOs) in SOEs.

      Canvas not supported.

      Is it working?

      Not yet in effect.

      Actions

      The National State Enterprises Bill (2024) aims to improve SOE governance and appointment processes, but this bill does not create a separate, independent appointment and oversight committee as initially recommended by the Zondo Commission.

      Are there plans?

      The National State Enterprises Bill (2024) aims to provide a comprehensive legal framework to manage state-owned enterprises. According to the Presidency, the bill's provisions, including appointment mechanisms, are an adequate response to the Zondo Commission's recommendation for merit-based, professional appointments.

      Is it on the agenda?

      South Africa has not yet established the Standing Appointment and Oversight Committee and has opted for a different approach to address the Zondo Commission's recommendation and concern.

      Goals

      The goal of establishing a Standing Appointment and Oversight Committee is to ensure an independent, transparent and rigorous process for appointing board members and senior executives in SOEs.

      Summary

      The recommendation by the Zondo Commission to establish a Standing Appointment and Oversight Committee relates to improving governance and accountability within SOEs. The committee, that is yet to be established, would provide an independent, transparent and rigorous process for appointing boards and senior executives (such as CEOs and CFOs) in SOEs.

      Canvas not supported.

      Is it working?

      Not yet in effect.

      Actions

      The National State Enterprises Bill (2024) aims to improve SOE governance and appointment processes, but this bill does not create a separate, independent appointment and oversight committee as initially recommended by the Zondo Commission.

      Are there plans?

      The National State Enterprises Bill (2024) aims to provide a comprehensive legal framework to manage state-owned enterprises. According to the Presidency, the bill's provisions, including appointment mechanisms, are an adequate response to the Zondo Commission's recommendation for merit-based, professional appointments.

      Is it on the agenda?

      South Africa has not yet established the Standing Appointment and Oversight Committee and has opted for a different approach to address the Zondo Commission's recommendation and concern.

      Goals

      The goal of establishing a Standing Appointment and Oversight Committee is to ensure an independent, transparent and rigorous process for appointing board members and senior executives in SOEs.

      Analyst: Nduduzo Langa
      Status: in-progress
      Last Updated:
      Next Update:
      Got an Update? Follow this reform
      Reform Area:
      Reform:

        If you would like to alert our analysts to an update you are aware of in this particular reform area, please complete the form below and submit it to us. Please ensure you include links to any press releases or other documents to confirm the reforms and provide detail to allow our analysts to assess the changes. Our team will review it.

        National Anti-Corruption Charter

        Summary

        National charter against corruption is yet to be developed.

        Canvas not supported.

        Is it working?

        No action yet.

        Actions

        Limited information in terms of steps towards this intervention.

        Are there plans?

        The commission recommended that the charter be developed by government in consultation with the business sector.

        Is it on the agenda?

        Zondo Commission recommendation.

        Goals

        A national charter against corruption which contains a code of conduct that sets out the ethical standards that are expected of persons involved in public sector procurement needs to be established to meet Zondo Commission requirements.

        Departments / Govt Institutions

        The Presidency

        Summary

        National charter against corruption is yet to be developed.

        Canvas not supported.

        Is it working?

        No action yet. The previous administration showed little enthusiasm for implementing this recommendation and we await to see if it progresses under the GNU.

        Actions

        Limited information in terms of steps towards this intervention.

        Are there plans?

        The commission recommended that the charter be developed by government in consultation with the business sector.

        Is it on the agenda?

        Zondo Commission recommendation.

        Goals

        A national charter against corruption which contains a code of conduct that includes sets of ethical standards that are expected of persons involved in public sector procurement needs to be established to meet Zondo Commission requirements.

        Departments / Govt Institutions

        The Presidency

        Summary

        National charter against corruption is yet to be developed.

        Canvas not supported.

        Is it working?

        No action yet. The previous administration showed little enthusiasm for implementing this recommendation and we await to see if it progresses under the GNU.

        Actions

        Limited information in terms of steps towards this intervention.

        Are there plans?

        The commission recommended that the charter be developed by government in consultation with the business sector.

        Is it on the agenda?

        Zondo Commission recommendation (but not in government agenda).

        Goals

        A national charter against corruption which contains a code of conduct that includes sets of ethical standards that are expected of persons involved in public sector procurement needs to be established to meet Zondo Commission requirements.

        Departments / Govt Institutions

        The Presidency

        Summary

        National charter against corruption is yet to be developed.

        Canvas not supported.

        Is it working?

        No action yet. The previous administration showed little enthusiasm for implementing this recommendation and we await to see if it progresses under the GNU.

        Actions

        Limited information in terms of steps towards this intervention.

        Are there plans?

        The commission recommended that the charter be developed by government in consultation with the business sector.

        Is it on the agenda?

        Zondo Commission recommendation (but not in government agenda).

        Goals

        A national charter against corruption which contains a code of conduct that includes sets of ethical standards that are expected of persons involved in public sector procurement needs to be established to meet Zondo Commission requirements.

        Departments / Govt Institutions

        The Presidency

        Summary

        National charter against corruption is yet to be developed.

        Canvas not supported.

        Is it working?

        The previous administration showed little enthusiasm for implementing this recommendation and there has not been any movement under the GNU.

        Actions

        No action taken yet.

        Are there plans?

        The commission recommended that the charter be developed by government in consultation with the business sector.

        Is it on the agenda?

        Zondo Commission recommendation (but not in government agenda).

        Goals

        A national charter against corruption, including a code of conduct that includes sets of ethical standards that are expected of persons involved in public sector procurement needs to be established to meet Zondo Commission requirements.

        Departments / Govt Institutions

        The Presidency

        Summary

        A National Anti-Corruption Charter as recommended by the Zondo Commission would establish shared principles, ethical standards and a code of conduct aimed at preventing corrupt practices.

        Canvas not supported.

        Is it working?

        Very little progress.

        Actions

        No substantive action taken yet.

        Are there plans?

        There has been no progress in terms of government implementing this.

        Is it on the agenda?

        South Africa has developed a National Anti-Corruption Strategy with advisory and coordinating bodies such as the National Anit-Corruption Advisory Council , but a distinct National Anti-Corruption Charter as a separate statutory or governance charter has not been set up yet in line with the Zondo Commission’s recommendations.

        Goals

        The goal of setting up a National Anti-Corruption Charter in South Africa is to foster a unified, transparent and accountable framework for combating corruption across both public and private sectors.

        Departments / Govt Institutions

        The Presidency

        Summary

        A National Anti-Corruption Charter as recommended by the Zondo Commission would establish shared principles, ethical standards and a code of conduct aimed at preventing corrupt practices.

        Canvas not supported.

        Is it working?

        Very little progress.

        Actions

        No substantive action taken yet.

        Are there plans?

        There has been no progress in terms of government implementing this.

        Is it on the agenda?

        South Africa has developed a National Anti-Corruption Strategy with advisory and coordinating bodies such as the National Anit-Corruption Advisory Council , but a distinct National Anti-Corruption Charter as a separate statutory or governance charter has not been set up yet in line with the Zondo Commission’s recommendations.

        Goals

        The goal of setting up a National Anti-Corruption Charter in South Africa is to foster a unified, transparent and accountable framework for combating corruption across both public and private sectors.

        Departments / Govt Institutions

        The Presidency

        Summary

        A National Anti-Corruption Charter as recommended by the Zondo Commission would establish shared principles, ethical standards and a code of conduct aimed at preventing corrupt practices.

        Canvas not supported.

        Is it working?

        Very little progress.

        Actions

        No substantive action taken yet.

        Are there plans?

        There has been no progress in terms of government implementing this.

        Is it on the agenda?

        South Africa has developed a National Anti-Corruption Strategy with advisory and coordinating bodies such as the National Anit-Corruption Advisory Council , but a distinct National Anti-Corruption Charter as a separate statutory or governance charter has not been set up yet in line with the Zondo Commission’s recommendations.

        Goals

        The goal of setting up a National Anti-Corruption Charter in South Africa is to foster a unified, transparent and accountable framework for combating corruption across both public and private sectors.

        Departments / Govt Institutions

        The Presidency

        Summary

        A National Anti-Corruption Charter as recommended by the Zondo Commission would establish shared principles, ethical standards and a code of conduct aimed at preventing corrupt practices.

        Canvas not supported.

        Is it working?

        Very little progress.

        Actions

        No substantive action taken yet.

        Are there plans?

        There has been no progress in terms of government implementing this.

        Is it on the agenda?

        South Africa has developed a National Anti-Corruption Strategy with advisory and coordinating bodies such as the National Anit-Corruption Advisory Council , but a distinct National Anti-Corruption Charter as a separate statutory or governance charter has not been set up yet in line with the Zondo Commission’s recommendations.

        Goals

        The goal of setting up a National Anti-Corruption Charter in South Africa is to foster a unified, transparent and accountable framework for combating corruption across both public and private sectors.

        Departments / Govt Institutions

        The Presidency

        Analyst: Nduduzo Langa
        Status: in-progress
        Last Updated:
        Next Update:
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        Reform:

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          New deferred prosecution agreement provisions

          No data available for the deliverable: New deferred prosecution agreement provisions

          No data available for the deliverable: New deferred prosecution agreement provisions

          No data available for the deliverable: New deferred prosecution agreement provisions

          No data available for the deliverable: New deferred prosecution agreement provisions

          No data available for the deliverable: New deferred prosecution agreement provisions

          No data available for the deliverable: New deferred prosecution agreement provisions

          No data available for the deliverable: New deferred prosecution agreement provisions

          No data available for the deliverable: New deferred prosecution agreement provisions

          Summary

          Deferred prosecution agreements (DPAs) enable corporations to avoid criminal conviction by self-reporting misconduct, fully cooperating with authorities, admitting to facts from which criminal liability could be inferred, agreeing to pay fines or other penalties, and committing to corrective measures to prevent future wrongdoing. In exchange, prosecution is deferred and potentially dropped if the corporation complies with the terms of the agreement.

          Canvas not supported.

          Is it working?

          No action yet.

          Actions

          The SALRC finalised a discussion paper on deferred prosecutions which was released to the public on 20 February 2025, and the closing date for comments was extended to 14 May 2025. Comments are being collated and analysed and will be factored into a report. In October 2025, the SALRC updated a Report on National Conference on the Integrated Criminal Justice System and the Review of the Criminal Procedure Act, 1977 (ie Project 151: Review of the Criminal Justice System). Deferred prosecutions form part of Project 151: Review of the Criminal Justice System.

          Are there plans?

          The South African Law Reform Commission (SALRC) is considering deferred prosecution agreements as part of its review of the criminal justice system. Following public comments on the discussion paper, the next step is a "final" report on the issue.

          Is it on the agenda?

          The introduction of DPAs was strongly recommended by the Zondo Commission as a mechanism to deal efficiently with private sector abuse discovered in state capture investigations.

          Goals

          The aim of the new deferred prosecution agreements (DPAs) is to provide an alternative to lengthy criminal prosecutions of corporations involved in economic crimes, particularly corruption linked to state capture.

          Departments / Govt Institutions

          Department of Justice and Constitutional Development

          Analyst: Nduduzo Langa
          Status: in-progress
          Last Updated:
          Next Update:
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          Reform:

            If you would like to alert our analysts to an update you are aware of in this particular reform area, please complete the form below and submit it to us. Please ensure you include links to any press releases or other documents to confirm the reforms and provide detail to allow our analysts to assess the changes. Our team will review it.

            New statutory offence to abuse public office

            No data available for the deliverable: New statutory offence to abuse public office

            No data available for the deliverable: New statutory offence to abuse public office

            No data available for the deliverable: New statutory offence to abuse public office

            No data available for the deliverable: New statutory offence to abuse public office

            No data available for the deliverable: New statutory offence to abuse public office

            No data available for the deliverable: New statutory offence to abuse public office

            No data available for the deliverable: New statutory offence to abuse public office

            No data available for the deliverable: New statutory offence to abuse public office

            Summary

            Responsibility to develop legislation to make it a statutory offence to abuse public office rests with the Department of Justice and Constitutional Development, which is evaluating recommendations on this issue from the South African Law Reform Commission recommendations and reviewing international best practice.

            Canvas not supported.

            Is it working?

            Not yet in effect.

            Actions

            The Department of Justice and Constitutional Development is considering and evaluating the South African Law Reform Commission (SALRC)'s recommendations

            Are there plans?

            The Department of Justice and Constitutional Development's consideration of approaches modelled on international examples and inputs from the South African Law Reform Commission (SALRC) was meant to result in a draft bill by November 2025 but there has been no report of a bill to this effect.

            Is it on the agenda?

            The Zondo Commission recommendation to make the abuse of public power a statutory offence is on the agenda of the Department of Justice and Constitutional Development.

            Goals

            The Zondo Commission recommended that government make it a criminal offence for any person vested with public power to intentionally use that power in any way other than "in good faith" for a proper purpose.

            Departments / Govt Institutions

            Department of Justice and Constitutional Development

            Analyst: Nduduzo Langa
            Status: in-progress
            Last Updated:
            Next Update:
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            Reform:

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              Prevention and Combating of Corrupt Activities Act (PRECCA) reform to strengthen obligation on private sector to prevent corruption

              No data available for the deliverable: Prevention and Combating of Corrupt Activities Act (PRECCA) reform to strengthen obligation on private sector to prevent corruption

              No data available for the deliverable: Prevention and Combating of Corrupt Activities Act (PRECCA) reform to strengthen obligation on private sector to prevent corruption

              No data available for the deliverable: Prevention and Combating of Corrupt Activities Act (PRECCA) reform to strengthen obligation on private sector to prevent corruption

              No data available for the deliverable: Prevention and Combating of Corrupt Activities Act (PRECCA) reform to strengthen obligation on private sector to prevent corruption

              No data available for the deliverable: Prevention and Combating of Corrupt Activities Act (PRECCA) reform to strengthen obligation on private sector to prevent corruption

              No data available for the deliverable: Prevention and Combating of Corrupt Activities Act (PRECCA) reform to strengthen obligation on private sector to prevent corruption

              No data available for the deliverable: Prevention and Combating of Corrupt Activities Act (PRECCA) reform to strengthen obligation on private sector to prevent corruption

              No data available for the deliverable: Prevention and Combating of Corrupt Activities Act (PRECCA) reform to strengthen obligation on private sector to prevent corruption

              Summary

              The Zondo Commission recommended that the Prevention and Combating of Corrupt Activities (PRECCA) Act be amended to introduce a provision criminalising the failure of persons or entities to prevent bribery. This recommendation has been implemented through the Judicial Matters Amendment Act (Act 15 of 2023), which commenced on 3 April 2024. The act adds a new section (34A) to PRECCA, creating an offence for the failure of private sector entities or state-owned entities to prevent corruption. Under this amendment, organisations can be held liable if a person associated with them provides gratification to gain business advantages, unless the organisation can demonstrate it had "adequate procedures" in place to prevent such corruption. The Prevention and Combating of Corrupt Activities Act places stringent compliance requirements on the private sector to implement anti-corruption policies, compliance programmes and preventative measures, similar to frameworks like the UK Bribery Act. The amendments also broadly define "associated persons," including employees, contractors, directors and third-party service providers, further extending accountability across organisational relationships. HALTED: We stopped tracking this reform at end-June 2025. Any movement will be tracked under Zondo reforms in the Criminal Justice category.

              Canvas not supported.

              Is it working?

              Section 34A of PRECCA has been applied since April 2024 and is yielding early results in raising corporate accountability and anti-corruption compliance, though comprehensive enforcement outcomes are still emerging.

              Actions

              This reform was implemented through the Judicial Matters Amendment Act (Act 15 of 2023), which commenced on 3 April 2024. The Act adds a new section (34A) to PRECCA, creating an offence for the failure of private sector entities or state-owned entities to prevent corruption.

              Are there plans?

              Plans implemented; PRECCA reforms have been completed.

              Is it on the agenda?

              Yes; part of the the Zondo commission recommendations, the legilsation has been enacted.

              Goals

              The Prevention and Combating of Corrupt Activities Act (PRECCA) has been reformed to impose an obligation on the private sector to prevent corruption.

              Analyst: Nduduzo Langa
              Status: halted
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                If you would like to alert our analysts to an update you are aware of in this particular reform area, please complete the form below and submit it to us. Please ensure you include links to any press releases or other documents to confirm the reforms and provide detail to allow our analysts to assess the changes. Our team will review it.