Johannesburg businessman Hugh Glenister will file papers in the Constitutional Court on Wednesday in a bid to prevent the government from disbanding the Scorpions.
”We are busy with it and we are filing today,” Glenister said.
The Pretoria High Court ruled last month that it did not have the jurisdiction to decide on an application by Glenister to stop the state from disbanding the crime-fighting unit.
Judge Willie van der Merwe said in his judgement that the matter involved ”crucial and important political matters in which a high court has no jurisdiction, but only the Constitutional Court”.
Glenister initially brought an application asking that the court interdict President Thabo Mbeki and six others from initiating legislation that sought to disband the Directorate of Special Operations, commonly known as the Scorpions.
Before the case could be heard, legislation was initiated by Cabinet. The General Law Amendment Bill and the National Prosecuting Amendment Bill, dealing with the disbanding of the unit, were tabled.
Glenister then amended his application, asking that Mbeki and the relevant ministers be prohibited from passing the legislation.
He contended that the Scorpions had been extremely successful in combating serious crime. He said the decision to disband the unit was taken to protect prominent members of the African National Congress from investigation and prosecution by the unit.
The court concluded that the principle of separation of powers prevented it from interfering with the executive’s power to prepare and initiate legislation, as well as with the right of Parliament to deliberate on proposed legislation brought before it.
The court further concluded that if exceptional circumstances existed — warranting interference with parliamentary procedures — it was for the Constitutional Court to decide on that issue. — Sapa