Criminal Justice

September 15, 2025

Terrorism financing risk assessment update – Non-profit Organisations (NPOs)

Historically an area noted as being critically weak in terms of the effective assessment, with a low rating under the Immediate Outcomes (IO.9 and IO.10) ratings.

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Judicial Matters Amendment Bill (2023)

In April 2024, the President enacted the Judicial Matters Amendment Bill (2023) into law. The bill aims to modernise and improve the functioning of judicial and related legal frameworks in SA through a series of targeted amendments across multiple laws, including compliance with a Constitutional Court judgment. As a result, the bill amends the principal…

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National Anti-Corruption Charter

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.

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Anti state capture and corruption commission

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.

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New statutory offence to abuse public office

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.

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

The Zondo Commission recommended that PRECCA 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…

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Enhanced whistleblowing protection

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 a proposed Whistleblower Protection Amendment Bill.

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New deferred prosecution agreement provisions

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…

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Judicial full independence/judicial autonomy

Steps are under way to place the judiciary on the path to its full institutional independence. The Judiciary lacks institutional independence as it is still controlled by the Department of Justice and other executive agencies. A task team from the justice department has been given a deadline end of August 2025 to present a progress…

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