Integrity & Accountability Commissions of Inquiry: A South African Perspective
Corruption – and the organized crime that it enables – is a major impediment to the attainment of peace, justice and sustainable development. The Judicial Commission of Inquiry into State Capture in South Africa (the ‘Zondo Commission’) provides a powerful illustration of how such malfeasance can un...
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Utrecht University School of Law
2024-12-01
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| Series: | Utrecht Law Review |
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| Online Access: | https://account.utrechtlawreview.org/index.php/up-j-ulr/article/view/1045 |
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| author | Lauren Kohn |
| author_facet | Lauren Kohn |
| author_sort | Lauren Kohn |
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| description | Corruption – and the organized crime that it enables – is a major impediment to the attainment of peace, justice and sustainable development. The Judicial Commission of Inquiry into State Capture in South Africa (the ‘Zondo Commission’) provides a powerful illustration of how such malfeasance can unravel the state-societal fabric, causing deep-seated conflict between state and citizen. More positively, however, the Zondo Commission also reveals the irreplicable curative properties of commissions of inquiry as part of a ‘just institutional approach to conflict prevention and resolution’. This is especially so where they deal properly with matters of public concern and, in particular, the integrity and accountability of public power. In my article, I argue for the recognition of such commissions of inquiry as part of South Africa’s ‘integrity and accountability’ (I&A) fourth branch of state. My argument is made against the backdrop of an account of the state, and thus constitutionalism, that is positive in nature insofar as it focuses on the state’s role in (pro)actively advancing the public interest. Giving proper recognition to I&A Commissions in the nature of the Zondo Commission will in turn enhance their remedial powers and effectiveness. In light of these arguments, I encourage the implementation of the Zondo Commission recommendation that a ‘permanent anti-state capture and corruption commission’ be provided for in Chapter 9 of the South African Constitution. |
| format | Article |
| id | doaj-art-d5950803e82e4d3b9dff6618392693b5 |
| institution | Kabale University |
| issn | 1871-515X |
| language | English |
| publishDate | 2024-12-01 |
| publisher | Utrecht University School of Law |
| record_format | Article |
| series | Utrecht Law Review |
| spelling | doaj-art-d5950803e82e4d3b9dff6618392693b52025-01-08T08:42:37ZengUtrecht University School of LawUtrecht Law Review1871-515X2024-12-0120498–11998–11910.36633/ulr.10451033Integrity & Accountability Commissions of Inquiry: A South African PerspectiveLauren Kohn0https://orcid.org/0000-0002-8453-4952Legal Scholar: Public Law, & Inducted into the College of Young Research Fellows (2021) at the University of Cape TownCorruption – and the organized crime that it enables – is a major impediment to the attainment of peace, justice and sustainable development. The Judicial Commission of Inquiry into State Capture in South Africa (the ‘Zondo Commission’) provides a powerful illustration of how such malfeasance can unravel the state-societal fabric, causing deep-seated conflict between state and citizen. More positively, however, the Zondo Commission also reveals the irreplicable curative properties of commissions of inquiry as part of a ‘just institutional approach to conflict prevention and resolution’. This is especially so where they deal properly with matters of public concern and, in particular, the integrity and accountability of public power. In my article, I argue for the recognition of such commissions of inquiry as part of South Africa’s ‘integrity and accountability’ (I&A) fourth branch of state. My argument is made against the backdrop of an account of the state, and thus constitutionalism, that is positive in nature insofar as it focuses on the state’s role in (pro)actively advancing the public interest. Giving proper recognition to I&A Commissions in the nature of the Zondo Commission will in turn enhance their remedial powers and effectiveness. In light of these arguments, I encourage the implementation of the Zondo Commission recommendation that a ‘permanent anti-state capture and corruption commission’ be provided for in Chapter 9 of the South African Constitution.https://account.utrechtlawreview.org/index.php/up-j-ulr/article/view/1045commissions of inquirythe integrity & accountability fourth branch of statezondo commission of inquiry into state capture in south africarestorative justice and peacecorruption and organized crime |
| spellingShingle | Lauren Kohn Integrity & Accountability Commissions of Inquiry: A South African Perspective Utrecht Law Review commissions of inquiry the integrity & accountability fourth branch of state zondo commission of inquiry into state capture in south africa restorative justice and peace corruption and organized crime |
| title | Integrity & Accountability Commissions of Inquiry: A South African Perspective |
| title_full | Integrity & Accountability Commissions of Inquiry: A South African Perspective |
| title_fullStr | Integrity & Accountability Commissions of Inquiry: A South African Perspective |
| title_full_unstemmed | Integrity & Accountability Commissions of Inquiry: A South African Perspective |
| title_short | Integrity & Accountability Commissions of Inquiry: A South African Perspective |
| title_sort | integrity accountability commissions of inquiry a south african perspective |
| topic | commissions of inquiry the integrity & accountability fourth branch of state zondo commission of inquiry into state capture in south africa restorative justice and peace corruption and organized crime |
| url | https://account.utrechtlawreview.org/index.php/up-j-ulr/article/view/1045 |
| work_keys_str_mv | AT laurenkohn integrityaccountabilitycommissionsofinquiryasouthafricanperspective |