The Directorate of Special Operations (DSO), or the Scorpions, had another nail hammered into its coffin on Tuesday, with the tabling of the General Laws Amendment Bill in the National Assembly.
The draft legislation, now headed for the committee stage, provides for the establishment of a new division in the South African Police Service (SAPS) — the Directorate of Priority Crime Investigation (DPCI).
The directorate will be headed by a divisional commissioner, appointed by the national commissioner and reporting to the deputy national commissioner for crime detection and crime intelligence.
In terms of the Bill, the DPCI will consist of ”selected” members of the Scorpions, the SAPS organised crime and commercial crime units, as well as other SAPS members selected for the new unit.
Members of the Scorpions involved in intelligence matters will be ”considered for deployment” in the SAPS crime intelligence division.
The Bill also provides for transferring Scorpions members to the police, except the prosecutors, who will remain with the National Prosecuting Authority (NPA).
Provision is also made for security vetting of all DPCI members, and giving them and members of the crime intelligence division the same powers the Scorpions had.
In terms of the Bill, the validity of current Scorpions investigations will not be affected and the conditions of service of Scorpions members will also not be negatively affected when they are transferred to the SAPS.
According to a background document distributed at a media briefing by Safety and Security Minister Charles Nqakula on Tuesday, the new division will be ”resourced properly to ensure that it does its work”.
The DPCI will develop close working relationships with the prosecutors and intelligence agencies, as well as with other state entities, such as the Asset Forfeiture Unit, customs, state-owned enterprises, and the relevant entities in the private sector, including the relevant regulatory bodies.
A contingent of legal practitioners, located in the division, will be part of all investigations where they will provide legal guidance from the beginning of an investigation to ensure propriety and, in the end, help craft dockets that will enhance the prosecution process.
The DPCI will not have a legislative mandate to gather intelligence, but ”tactical intelligence will be available to them in the context of the investigations they will do”.
To that extent, they will receive support from the SAPS crime intelligence division, which will have the responsibility to coordinate all support that the other state intelligence agencies provide to the DPCI.
The DPCI’s powers will be ”properly regulated” to prevent abuse. – Sapa