Cachalia: SA needs a proactive anti-corruption agency

Professor Firoz Cachalia intends to push for a new anti-corruption agency that addresses systemic corruption and “aspirant scumbags.”

“We are certainly facing an epidemic of corrupt and unethical behaviour and in the next two years, we face very important decisions.” This is according to Professor Firoz Cachalia, the chairperson of the National Anti-Corruption Advisory Council (NACAC). He was addressing CIBA’s Practice Management Conference (PMC) early November. 

Cachalia believes that the country needs a proactive anti-corruption agency, and will present NACAC’s recommendations to President Cyril Ramaphosa in March 2024.

Cachalia’s preliminary view is that such an institution should have broad powers, including investigation, search and seizure, and should be independent and able to act without executive approval. He sees such a watchdog as different from others because it would address systemic corruption as opposed to corruption by individuals.  

Cachalia sees such an agency as being able to go into a government department with forensic auditors and proactively investigate, should they receive information from the public of wrongdoing. 
While Shamila Batohi is arresting scumbags, Cachalia says we need to implement measures to prevent aspirant scumbags. “In retrospect, I think the Scorpions was dismantled proactively to facilitate State Capture.”

His ideas are preliminary and Cachalia’s views are his own rather than the consensus of NACAC. One element Cachalia is still mulling over is whether the Constitution should be amended to accommodate this proposed watchdog as a Section 9 institution. 

While an enshrined constitutional watchdog may have benefits, Cachalia pointed out that it does not guarantee good outcomes if one looks at the situation with the current public protector. Constitutional changes may also take longer, and Cachalia believes time is of the essence. “I have a strong sense of urgency because we’re living in an environment where corruption is an ongoing problem.” 

Cachalia believes we’ve entered the second phase of South Africa’s democracy. This phase may require constitutional changes, including electoral reform. However, these shouldn’t be taken lightly. 
Cachalia’s remarks were made during a section of the PMC that focused on public procurement issues, including how accountants can assist in fighting corruption and economic crimes. 

Cachalia’s contributions to South Africa go back to 1978, when he and his brother were arrested and tortured by police for distributing anti-apartheid pamphlets. He has held many prominent positions in government, the private sector and academia.  

He told the PMC, “there are a lot of scumbags out there, some of whom have struggle credentials, so I don’t like to hear about my struggle credentials anymore.”