The justices of the Constitutional Court on Wednesday repeatedly expressed concern that they might be usurping the role of Parliament by deciding on the constitutionality of legislation currently under way that is aimed at disbanding the Scorpions.
Calling it an ”exceptional” case, they asked whether it would not be better for businessman Hugh Glenister — and political parties associated with his bid to stop the legislation — to wait until the legislation is passed and only then challenge it.
”We’ve been called upon to do something extremely intrusive,” said Judge Albie Sachs.
Chief Justice Pius Langa asked: ”By stepping in at this stage, are you not usurping the functions of Parliament?”
At its conference in Polokwane in December, the African National Congress resolved to merge the Scorpions with the police in a move that has been criticised as an attempt to dilute corruption and fraud cases against high-profile politicians, including its president, Jacob Zuma.
Police National Commissioner Jackie Selebi is also the subject of a Scorpions investigation.
Parliament is currently working on legislation to finalise the move of the Scorpions, and public hearings were held countrywide.
Glenister wants to stop the legislation, saying it is unconstitutional, against the interests of peace and security and is to protect private interests.
Glenister’s lawyer, David Unterhalter, argued that the courts could step in at this stage because the second reading of the Bill has not yet taken place.
He said Parliament ”is acting for private sectional interests, and that it may not do”.
Before the hearing began, when asked how he felt, Glenister simply replied: ”Good.” — Sapa