Businessman Hugh Glenister has launched an urgent application for an interdict to stop MPs voting on legislation to disband the Scorpions.
He filed papers in the Cape High Court on Tuesday, and the matter, which will be opposed, is scheduled to be heard by judge James Yekiso on Wednesday afternoon.
Glenister’s 271-page application cited a string of respondents, topped by National Assembly Speaker Gwen Mahlangu-Nkabinde, National Council of Provinces chairperson Mninwa Mahlangu and the registrar of Parliament’s ethics committee, Fazela Mahomed.
Glenister has asked the court for an order temporarily barring the speaker from calling for a vote on the two pieces of legislation that will kill off the elite crime-fighting unit.
The Bills were approved by Parliament’s justice and safety and security portfolio committees on Monday.
Glenister said in an affidavit that before there was a vote, the ethics committee should consider a complaint he lodged last month.
In his complaint he insisted that MPs involved in the Travelgate scandal withdraw from all consideration of the Bills — including committee meetings.
The Assembly is scheduled to vote on the Bills on Thursday.
He said in the affidavit that a ”significant number” of MPs likely to cast their votes had a personal interest in the legislation, in that they had been charged or investigated by the Scorpions.
”For the National Assembly to go ahead with the vote would be in direct violation of the rules of Parliament, and undermine the integrity and dignity of the legislature,” he said.
He also said the Bills had been fast-tracked through Parliament.
It was difficult to avoid the conclusion that this was done in an effort to frustrate public participation and opportunities for legal challenges such.
In August this year, Glenister’s attorney sent letters to then speaker Baleka Mbete, asking that MPs who had been investigated by the Scorpions recuse themselves. The Speaker’s office rejected the demand.
On August 20 the Constitutional Court reserved judgement on an application by Glenister to block the legislation.
Glenister said in this week’s court papers that more than 100 000 people had signed a petition he initiated against the disbandment of the Scorpions. – Sapa