A draft Anti-corruption Bill which is set to be tabled before the National Assembly is expected to trigger debate over whether the country’s anti-graft body will operate independently or remain under significant executive control.
The Anti-Corruption Bill, 2026, which will be presented by Minister for State President, Defence and Security Moeti Mohwasa, outlines sweeping provisions governing the appointment, discipline, financing and oversight of the country’s anti-corruption agency which continues from the existing Directorate on Corruption and Economic Crime framework.
According to a copy of the Bill which has been seen by Sunday Standard, the debate is is expected to centre on Clause 9 which still gives the President decisive authority in appointing the agency’s Director-General.
The Bill states: ‘There shall be a Director-General who shall be appointed by the President on such terms and conditions as the President deems fit.’
While the draft introduces a parliamentary screening process, the President retains the final decision. According to the proposed law, ‘the President shall, prior to the appointment of the Director-General, submit three nominees. [and] the Parliamentary Committee shall assess and interview the three nominees. and recommend two nominees to the President, one of whom shall be appointed Director-General.’
The Director-General will serve ‘for a five year renewable term or until he or she attains the age of 60 years, whichever is the earlier,’ and must be ‘a legal practitioner who qualifies to be appointed as a High Court judge’ with ‘at least 10 years in anti-corruption, accounting, public administration, law enforcement, finance service, investigation or forensic services or any other relevant profession.’
The President’s influence extends further to the appointment of the agency’s senior leadership.
Clause 13 of the Bill provides that ‘subject to confirmation by the Parliamentary Committee, the President shall appoint the following Deputy Director-Generals. on such terms and conditions as he or she deems fit.’
These include the Deputy Director-General for Operations, Policy and Legal.
The Bill says those appointed must possess ‘knowledge, ability and experience of at least 10 years in law, anti-corruption, criminal justice, governance and forensic accounting. and shall be a person of conspicuous probity.’
The copy of the Bill also shows that the Minister retains extensive control over the agency’s internal functioning including staff employment conditions.
Clause 15 stipulates that: ‘The Minister shall prescribe such conditions of service of the Agency setting out the terms and conditions for the appointment of officers and support staff of the Agency.’
This includes authority over ‘the scale of salaries and allowances. and the promotions, resignations and termination of appointments.’
The Minister also gains powers to define disciplinary rules.
Clause 17 states: ‘The Minister shall prescribe a disciplinary code for the Agency,’ which may impose penalties including ‘dismissal from the Agency,’ ‘reduction in rank,’ ‘suspension from duty,’ ‘reprimand,’ and ‘recovery of the cost. of any loss or damage to the property of the Agency.’
The proposed law also introduces a parliamentary oversight mechanism, requiring the Parliamentary Committee to monitor the agency and report to the President.
It provides: ‘The Parliamentary Committee shall make an annual report on the discharge of their functions to the President and may at any time report to him or her on any matter.’
However, the Bill allows the executive to withhold sensitive information.
It states: ‘If it appears to the Minister. that the publication of any matter in a report would be prejudicial. the Minister may exclude that matter from the copy of the report as laid before the National Assembly.’ Financial independence which is often seen as a cornerstone of anti-corruption effectiveness is also partly controlled through executive and parliamentary channels.
Clause 27 states that ‘the revenues of the Agency shall consist of monies as may be appropriated by the National Assembly. and contributions and endowments from any other source as may be approved by the Minister.’
The Bill further states that surplus funds will be used ‘in such manner as the Director-General may, with the approval of the Parliamentary Committee, deem appropriate.’
In 2024, as a leader of the opposition, the current Speaker of the National Assembly Dithapelo Keorapetse tabled a private member’s amendment aimed at making the DCEC more independent.
When presenting the bill at the time, Keorapetse emphasized the need to reform the public sector and remove accountability and oversight institutions from the control of the executive. Keorapetse’s Corruption and Economic Crime (Amendment) Bill, 2023, aimed to address these issues by enhancing
the DCEC’s independence. Key provisions included establishing a Board to oversee the Directorate, removing DCEC staff from the public service, and ensuring the agency is financial independence by funding it directly from Parliament. The bill also proposed changes to the appointment and oversight of the Director-General and Deputy Director-General to ensure
transparency and reduce presidential control. at the time, however, Parliament rejected the bill. Created in 1994, the DCEC has struggled with operational independence and sufficient capacity. It
operates under the Ministry of State President, with its Director appointed by and reporting to the
President. This structure has led to concerns about political interference and a lack of independence.