The Constitutional Court has set August 20 as the date to hear businessman Hugh Glenister’s application against the disbanding of the Scorpions, a court official confirmed on Monday.
Glenister initially brought the case in the Pretoria High Court in May, but it was struck from the roll by Judge Willie van der Merwe, who said the court did not have sufficient jurisdiction to decide on a separation of powers matter.
This prevented it from interfering with the executive’s power to prepare and initiate legislation and Parliament’s right to deliberate on legislation brought before it, and the court believed the Constitutional Court needed to decide on this.
Glenister had originally asked the court to interdict President Thabo Mbeki and six others from initiating legislation that sought to disband the National Prosecuting Authority’s Directorate of Special Operations, known as the Scorpions.
Before the case was heard, two Bills were published dealing with the unit’s disbanding.
Glenister then amended his application to ask that Mbeki and the others be prohibited from passing the legislation. — Sapa