PRETORIA, GAUTENG — Civil society organization Accountability Now is officially calling for the Investigating Directorate Against Corruption (IDAC) to be disbanded and replaced by an independent Chapter 9 institution. The urgent demand follows renewed friction between the anti-corruption unit and senior police officials, highlighting the critical need for a specialized, executive-free body to combat corruption effectively.
The call to action comes in the wake of a public dispute between top police leadership and IDAC. Crime Intelligence boss General Dumisani Khumalo recently lodged a formal complaint against the directorate after an arrest warrant against him was aborted.
Accountability Now Director Paul Hoffman stated that the incident exposes a law enforcement landscape in disarray. He emphasized that the courts have repeatedly ruled that South African law requires a body completely outside of executive control to deal with corruption efficiently.
Following the closure of the Scorpions in 2009, the Hawks were established to handle serious offenses but remain under the control of the Ministry of Police. Later, IDAC was introduced as part of the National Prosecuting Authority (NPA). Hoffman argues that having two separate entities—the Hawks and IDAC—working on corruption has inevitably led to institutional friction. He drew parallels to historical conflicts involving former Police Minister Bheki Cele, Glenn Agliotti, and Jacob Zuma.
To resolve this structural flaw, Hoffman is advocating for the creation of a single Chapter 9 anti-corruption commission. Rather than simply merging the Hawks and IDAC, the new entity would be built from the ground up with properly vetted specialists who enjoy secure tenure and independent operations. Hoffman suggested that top personnel could be recruited from the Special Investigating Unit (SIU), which currently operates through the Presidency and is known for its well-compensated, high-quality staff.
Addressing concerns about political interference, Hoffman referenced Justice Cameron’s judgment in the third Glenister case. He explained that a robust appointment mechanism can ensure only individuals with the highest integrity are selected. Crucially, a Chapter 9 institution would report directly to a multi-party parliament, completely bypassing the cabinet.
Hoffman attributes the government’s historical resistance to such independence to an ideology rooted in the National Democratic Revolution, which favors overwhelming executive hegemonic control. He noted that Parliament was largely weak until a coalition government was formed in May 2024. As a cautionary tale of executive overreach, he pointed to the Minister of Police’s interference in the political killings task team, which led to the Mkhwanazi complaints.
“If we have a body that reports to our multi-party parliament and not to a member of the executive, you’d have a much better way of running the anti-corruption work that the country needs so badly,” Hoffman explained.
The path to establishing this independent body requires a two-thirds majority vote in Parliament to pass the pending bills, as well as a constitutional amendment. Hoffman estimates the political and parliamentary process could take up to two years. However, he remains optimistic that the current coalition cabinet—which includes members of the party that originally sponsored the Chapter 9 legislation—will recognize the need for structural reform, aligning with the President’s stated goals for institutional reform.
Should the legislative route fail, Hoffman warned that the next step would be to take the matter to court to have IDAC declared an unconstitutional body, forcing the government to repair the defect in the country’s constitutional structure.
