/ 30 April 2008

Mbeki withdraws application in Scorpions matter

President Thabo Mbeki has withdrawn his application to oppose a Johannesburg businessman's bid to stop the disbanding of the Scorpions. In his answering affidavit filed in the Pretoria High Court on Wednesday, Mbeki's said: ''The first respondent hereby withdraws his opposition to the application.''

President Thabo Mbeki has withdrawn his application to oppose a Johannesburg businessman’s bid to stop the disbanding of the Scorpions.

In his answering affidavit filed in the Pretoria High Court on Wednesday, Mbeki’s said: ”The first respondent hereby withdraws his opposition to the application …”

He added that ”the first respondent will abide by the decision of the court”.

This was part of answering affidavits to businessman Hugh Glenister’s court application to stop the disbanding of the crime-busting unit.

The departments of safety and security and justice and constitutional development also submitted their answering affidavits to the courts at about 10am.

In their affidavit, the departments said that Glenister’s application to the court to gain an urgent final interdict stopping the legislation intended to disband the Scorpions was ”premature” and ”not ripe for hearing”.

It said that the alleged decision to disband the Scorpions was taken by a body unknown to Glenister.

It added that they wanted to focus on the ways of enhancing the Directorate of Special Operations (Scorpions) in fighting organised crime. The affidavit said the departments had been looking at ways of enhancing the fight against organised crime for no less than three to four years.

”… with the relief sought, the applicant seeks to interdict the second and third respondents from initiation legislation that would enhance the state’s capacity to fight high-impact organised crime should Cabinet decide on a particular mode l… Such application cannot be countenanced by this honourable court,” it read.

It called on the judiciary to show restraint in trespassing on matters not related to it.

It said that no decision had been taken by the Cabinet to disband the Scorpions, as essential features of the Scorpions were in part what was under consideration.

Glenister had not set out facts that would entitle him to a final interdict.

The departments accused the businessman of wanting them not to exercise their rights as conferred on them by Section 85 (2) of the Constitution.

It said the suggestion by the applicant that the decision to be rid of the Scorpions taken by Cabinet at the Polokwane conference was ”completely unfounded”. — Sapa