Khumalo zacc3/31/2023 ![]() Section 11 of the Anti-Corruption Commission Act sets out what it calls “the objects” of ZACC. įunctions of ZACC under the Anti-Corruption Commission Act Parliament did this for ZACC when it enacted the Anti-Corruption Commission Act in 2004. One further point is that section 342(2) of the Constitution gives all constitutional bodies, including ZACC, “all powers necessary for them to fulfil their objectives and exercise their functions.”Īnother point is that section 321(1) of the Constitution states that an Act of Parliament may confer additional functions on constitutional commissions. On the other hand, ZACC does not have power to prosecute criminal cases, but can only refer cases to the NPA for prosecution.ZACC can instruct the Police to investigate cases of corruption it does not have to do the investigations itself.ZACC can also combat “improper conduct”, which is not necessarily criminal conduct.Even though they may not be the same as corruption, ZACC can combat theft, misappropriation and abuse of power.Theft, misappropriation and abuse of power do not necessarily constitute corruption (otherwise they would not have been mentioned separately).ZACC can investigate and combat corruption and other improper conduct in the private sector as well as in Government. ![]() Several inferences can be drawn from the way the Constitution expresses these functions:
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