Any changes to the powers and functions of the Scorpions should be carried out by Parliament, as that institution created the investigating unit, Democratic Alliance leader Tony Leon said on Thursday.
Writing in his weekly newsletter, Leon said if there was a case for redefining the Scorpions’s mandate, that task should be performed by Parliament, not the executive.
The Scorpions and the Special Investigating Unit (SIU) were both touted by President Thabo Mbeki and the African National Congress (ANC) as evidence of the government’s commitment to fighting crime and corruption.
”But as soon as these institutions began digging in the president’s garden, the ANC hit the panic button.
”How is it that every time the hammer of justice is about to fall, ANC leaders suddenly discover a whole lot of jurisdictional facts and procedural errors and questionable motives that must prevent investigators from doing their jobs?” Leon asked.
It was announced earlier this week that the corruption-busting unit is being ”reviewed” by the public service and administration department.
Safety and Security Minister Charles Nqakula said the review was about redefining the Scorpions’s mandate and not about disbanding it.
”It is [the review] on what they do and what the police do — not whether they are closed down or not. That is not the discussion,” he said.
The Scorpions — the common name of the Directorate of Special Investigations, which falls under the national directorate of public prosecutions, which in turn reports to the justice ministry — has come under fire in the past week for alleged leaks to the media about its investigations.
These relate to an arms deal probe into Deputy President Jacob Zuma and an investigation into former transport minister Mac Maharaj.
Last week, Mbeki said it was necessary to deal with ”inherent” tensions between the South African Police Service and the Scorpions.
He said the problem was a structural one, and a possible alternative was the Scorpions becoming a specialised police unit.
In his letter on Thursday, Leon said when the Scorpions were first created, the Democratic Alliance warned the unit could become a tool of political harassment.
”But if there is a case for redefining the Scorpions’s mandate, that task should be performed by Parliament, not the executive.
”It was Parliament’s power to amplify the powers and functions of the prosecuting authority that was invoked in the legislation that created the Scorpions in 2000.
”Furthermore, that legislation provides for parliamentary review of any changes to the powers and functions of special investigators. And it is Parliament that represents the public interest, which the Scorpions are enjoined to protect,” he said.
”If the executive is allowed to meddle with the Scorpions as it pleases, the potential for the abuse of power will increase exponentially.
”Not only will corrupt officials be sheltered from investigation, but partisan legal harassment by the ruling party will become a constant threat in South African politics,” Leon said. – Sapa