Relationship of international law and municipal law — Treaties — Effect — United Nations Convention against Corruption, 2003 — Southern African Development Community Drugs and Corruption Protocols — African Union Convention — Prevention and Combating of Corrupt Activities Act — South African Constitution — Duty of State to fight corruption — Source of obligation — Nature of obligation — Content of obligation — Section 7(2) of Constitution — Duty of State to respect, protect, promote and fulfil rights in Bill of Rights — Impact of corruption on ability to fulfil duty — Impact of international law on Republic of South Africa — Status of international agreements — Section 231 of Constitution — Interpretation of Bill of Rights — Section 39(1)(b) of Constitution — South Africa’s obligations under international law — Whether South Africa obliged under international law to establish independent anti-corruption unit — Whether obligation existing and enforceable in domestic sphere — Whether Constitution imposing obligation on State to establish independent anti-corruption agency — National legislation establishing Directorate for Priority Crime Investigation (“DPCI”) — Whether DPCI meeting requirement of independence — Whether national legislation constitutionally valid

Treaties — Effect — Status of international agreements in South Africa — Section 231 of South African Constitution — Section 231(2) of Constitution providing treaties approved by Parliament binding on South Africa — Section 231(4) requiring incorporation by national legislation for treaty to bind South Africa — Effect of treaties in international and domestic spheres — Rights and obligations contained in treaties — Nature of rights and obligations in domestic sphere

Human rights — Bill of Rights — Interpretation — Duty of State to respect, protect, promote and fulfil rights in Bill of Rights — Section 7(2) of South African Constitution — Section 39(1)(b) of Constitution — Fight against corruption — Corruption undermining State’s ability to fulfil duty in relation to rights in Bill of Rights — Whether constitutional duty to establish independent anti-corruption unit — Definition of independence — Obligations in international agreements on combating corruption binding South Africa — Whether anti-corruption unit established by national legislation having necessary independence — The law of South Africa