With organised crime gathering pace in South Africa, Business against Crime (BAC) has called on the government to entertain more views on disbanding the Scorpions. Sello S Alcock and Adriaan Basson spoke to BAC and Massmart chairperson Mark Lamberti.
Why has business waited until now to pronounce on this matter? [The ANC resolution on the Scorpions was adopted in 2005 and voted on in December 2007.]
While Business Against Crime (BAC) obviously noted the earlier resolutions of the ruling party, its formal relationship has always been with the arms of government that constitute the criminal justice system [the South African Police Service (SAPS), the justice department, the National Prosecuting Authority (NPA) and the department of correctional services]. As a body established by an Act of Parliament, the Directorate of Special Operations [DSO — the Scorpions] could be disbanded only by that body and we responded when the minister of safety and security made a definitive statement in that forum.
BAC has issued a statement expressing your dissatisfaction with the disbandment of the Scorpions in its current form. What are your major concerns with this envisaged move?
Contrary to the arguments around separation of powers, international precedent has proved that an independent body with both prosecutorial and investigative powers is an effective weapon in the fight against corruption and organised crime. The Scorpions’s results to date verify this.
You say you have worked closely with the Scorpions since its formation. Can you give examples of the areas of your cooperation?
Consistent with our approach and mandate, our efforts have been directed at supporting the strengthening corporate services within the department of justice, NPA and DSO, as opposed to ‘front-line†operational support.
In your press release you alluded to the Scorpions’s ability to investigate crime and corruption ‘in the [highest] echelons of society and governmentâ€. Do you think this capability will be lost to the country once the unit has been disbanded or dissolved?
Yes, unless they are replaced by a new entity with the same independence and powers.
Government has indicated that the Scorpions, with the police’s organised crime units, will form a new entity under the SAPS. What is your reaction to this?
We are supportive of any initiative that aims to reduce corruption and the consistently high rate of organised and sophisticated crime, but South Africans cannot ignore the particular attributes that have contributed to the Scorpions’s success — particularly their independence.
Why does BAC think the ANC is asking for the disbandment of the Scorpions?
Our role is not to speculate on the motives of others. However, we feel that we have a duty to enter the debate on the DSO, which has established best practice in independent prosecution-led investigations.
Will BAC attempt to meet the ANC leadership about this decision?
We have been, are, and will continue to be in consultation with the ANC leadership about this matter, as well as about the high and sustained rate of crime in our country.
Do you think the lack of clarity around the future embodiment of the DSO and, more importantly, the concomitant uncertainty among personnel will lead to an exodus of Scorpions?
Business experience with organisational change and uncertainty suggests that it is likely.
What will you be telling Parliament during BAC’s presentation on the future of the Scorpions?
We will frame a response when we know what the proposed new entity will be.
You have said that the revamping of the criminal justice system is a priority for the country. Will the disbandment of the Scorpions affect this process and, if so, how?
Given our understanding of the review of the criminal justice system approved by Cabinet in late 2007 and referred to by the president in his State of the Nation address, the range of proposed institutional and policy changes is far-reaching and extensive: that of the DSO is only one part. Nevertheless, the high profile of organised crime and corruption means that proposed changes in this area have high-level implications — both practical and symbolic.
BAC is scheduled for a routine meeting with the president on February 29. Are you going to raise the issue of the Scorpions with him?
BAC’s valued interface with the president is as part of a Business Leadership South Africa/Big Business Working Group. Crime will feature on the agenda.
Do you think disbanding the Scorpions could still be stopped?
We are hopeful that all interested parties will be able to marshal arguments that encourage the government to strengthen rather than diminish the obstacles to crime.