/ 24 October 2008

Assembly approves Scorpions Bills

The demise of the Directorate of Special Operations (DSO), or Scorpions, drew closer on Thursday when legislation to disband the unit was approved in the National Assembly amid vehement opposition.

Koos van der Merwe of the Inkatha Freedom Party said ”the murder of the Scorpions” was reckless political expediency to protect ANC leaders and members from criminal investigation and possible prosecution.

”The decision is the result of a Communist take-over of the ANC at [its] Polokwane conference,” he said.

”The communist take-over is switching on many red lights for the future of this country and especially for democracy.”

The ANC wanted the Assembly to rubberstamp the ANC’s Polokwane conference decision and ignore the merits and outstanding successes of the Scorpions.

This had been crystal clear right from the start, Van der Merwe said.

”It is also clear after Polokwane who now really governs South Africa — the SA Communist Party.”

The Democratic Alliance’s Dianne Kohler-Barnard reminded the House that the Khampepe Commission, under Judge Sisi Khampepe, had ”told Parliament to keep the DSO under the NPA”.

”The Cabinet endorsed that report and its recommendations in June 2006,” she said.

”But when the reality of that ruling became apparent, the country then learned to its horror that when reality doesn’t suit the ANC, it thinks it can overrule a judge.”

She predicted that the Scorpions advocates, forensic auditors, and specialist investigators — none of whom ever wished to be in the police — would not join the new SA Police Service unit.

”Law enforcement agencies all over the world are utterly delighted that these experts are on the market and will no doubt snap them up,” she said.

Jackson Bici of the United Democratic Movement agreed the Bills were a product of the ANC’s Polokwane conference, ”motivated by a dubious political agenda”.

”A barrage of lies and distortions were uttered about the DSO before and after Polokwane to justify this unwarranted and dangerous attack upon one of the few working crime-fighting and corruption-busting institutions,” he said.

”It seems that the campaign to elevate one person to the highest office in the ANC and the land will proceed no matter what the cost. This entire parliamentary process has been an ill-disguised sham.”

Safety and Security Minister Nathi Mthethwa disagreed, saying: ”We must commend the profoundly democratic manner in which the Bills on this matter have been processed.”

People from all walks of life had an opportunity to have their say.

”The vibrant discussion on the Bills has enriched our understanding of the challenges we face,” he said.

The Bills would take the fight against organised crime to higher levels, the minister said.

It would enable weaknesses in the system to be rectified while ensuring better organisation and utilisation of human and material resources.

”Through the establishment of the [new] Directorate for Priority Crime Investigation, we have established a sharper instrument to stab the heart of organised crime,” Mthethwa said.

Justice and Constitutional Development Minister Enver Surty also dismissed the criticism. He cited Chief Justice Pius Langa’s ruling in the Constitutional Court on Wednesday that ”there is nothing wrong, in our multiparty democracy, with Cabinet seeking to give effect to the policy of the ruling party”.

Surty said he believed Cabinet and Parliament had also fully observed their constitutional obligations.

”The Bills were developed with the object of retaining as far as possible, the specialised skills and methodology developed and employed by the DSO, as well as drawing from the most highly-skilled and experienced detectives in the SAPS organised and commercial crimes branches,” he said.

”The intention is to establish a service, which we think for many reasons ought to be located in SAPS, but will continue the work of the DSO in respect of the prevention and investigation of serious organised crime and priority offences.

”The new unit will retain a multi-disciplinary approach and employ an integrated methodology involving cooperation with, and support, of all government departments and institutions.

Surty added: ”It will be appropriately staffed and selected on the basis of proven competence and integrity.”

Kohler-Barnard’s DA colleague Tertius Delport proposed amendments that would create a unit called the SA Bureau for Investigations.

It would be placed in the safety and security ministry, but the head of the bureau would be appointed by the president upon the recommendation of Parliament.

This was rejected and the National Prosecuting Authority Amendment Bill and SA Police Amendment Bill adopted.

They now go to the NCOP for concurrence. – Sapa