The Democratic Alliance (DA) has tabled a wide-ranging reform package aimed at overhauling South Africa’s National Prosecuting Authority (NPA), which the party says is no longer fit for purpose and has failed to hold the corrupt to account.
The DA’s Glynnis Breytenbach has published proposals including both legislative and constitutional reforms, as well as new oversight mechanisms intended to reduce political interference and improve the prosecution of complex corruption cases. At the centre of the plan is the introduction of a new bill to establish an independent Anti-Corruption Commission, informally referred to as “Scorpions 2.0”, which would have the power to investigate and prosecute high-level corruption without influence from the executive.
“The justice system is not working for South Africans,” said Breytenbach in a statement. “The NPA’s consistent failure to deliver convictions in key corruption cases has eroded public confidence. We need real, systemic change.”
Key Elements of the Reform Package
The proposed measures include:
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Passing the “Scorpions 2.0” Bill: To create a constitutionally independent Anti-Corruption Commission with full investigatory and prosecutorial powers.
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Amending the Constitution: To transfer the power of appointing the National Director of Public Prosecutions from the President to Parliament, via a transparent and merit-based selection process.
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Implementing a “watching brief” system: To monitor high-profile cases, a model already used in the Western Cape to improve prosecution outcomes.
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Establishing a dedicated parliamentary subcommittee: Focused exclusively on overseeing the NPA’s performance.
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Calling for a performance audit of the NPA: To be conducted by the Auditor-General or the Public Service Commission.
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Improving recruitment, retention, and funding: With a particular focus on experienced prosecutors.
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Launching a student legal support pilot: Designed to relieve administrative burdens in the courts and accelerate the entry of young legal professionals into the justice system.
Citing Failures in Prosecution
The announcement follows a number of high-profile legal setbacks that have raised concerns about the NPA’s effectiveness. These include:
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The collapse of the Vrede Dairy project case and charges involving Zizi Kodwa, both of which failed to result in convictions.
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The bungling of the extradition request for Moroadi Cholota, a key figure in a state capture case involving former Free State Premier Ace Magashule, due to the use of the incorrect legal authority.
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The Timothy Omotoso trial, which was flagged in Parliament earlier this year as having suffered from numerous procedural errors that led to an acquittal.
In addition, Breytenbach pointed to the growing number of prosecutions being pursued by private organisations such as AfriForum, which it says reflects the NPA’s inability to fulfil its constitutional mandate.
“The fact that private institutions are increasingly stepping in to prosecute cases speaks volumes,” the statement read. “The public is left footing the bill for a prosecuting authority that no longer delivers justice.”
A Challenge to Parliament
The DA has called on MPs from all parties to back the reforms, warning that failure to act will entrench a culture of impunity.
“This is about more than institutional tinkering. These are practical, impactful reforms that will help restore public trust, hold the corrupt accountable, and strengthen the rule of law,” the party said. “Parliament must now decide whether it will support meaningful change or protect the status quo.”
Breytenbach maintains that the current state of the NPA is unsustainable and that urgent action is needed to prevent further collapse in the justice system. “The time to fix the NPA is now.”
