The process of dismantling the Scorpions appears to be inept and ill-planned, bearing out warnings that it would undermine the state’s capacity to fight organised crime.
Despite promises that the new police Directorate of Priority Crimes Investigation would build on the best of the Scorpions, indications are:
- The process is effectively discouraging Scorpions from transferring to the new unit;
- Scorpions investigations are being jeopardised by loss of staff and uncertainty;
- The police have adopted an aggressive stance over the integration, which has further alienated Scorpions staff; and
- The structure of the new police unit will promote the politicisation of investigations — the same issue blamed for the destruction of the Scorpions.
Scorpions staff, who declined to be named, pointed to weekend statements by police spokesperson Selby Bokaba as characteristic of police attitudes.
Bokaba was quoted saying the Scorpions were now officially part of the police — a view not supported by the legislation, which makes the transfer dependent on a ”fixed date” still to be announced in a proclamation by the president.
One Scorpions investigator told the Mail & Guardian that police Divisional Commissioner Manoko Nchwe, who heads the South African Police Service’s (SAPS) implementation team, had been conducting unofficial audits of equipment and personnel and told some Scorpions staff a few weeks ago they could be farmed out to police stations by April 1.
Another senior National Prosecuting Authority (NPA) source told the M&G that Bokaba’s statement had led to a meeting of the ”political bosses” to try to thrash out differing interpretations of the legal situation: ”Our view is that the Scorpions continue to operate.”
But, at a press conference on Thursday, Safety and Security Minister Nathi Mthethwa confirmed the police view that ”we no longer have the Scorpions”.
The M&G has established that Scorpions members were informed this week that the ”fixed date” would be set down for July 1 and that they would have to indicate by May 1 whether they would opt for transfer to the police or take a retrenchment package.
Between January 2008 and January 2009, 76 members of staff left the Scorpions, but there are still about 350 who will be affected by the disbanding. A key cause of unhappiness among Scorpions staff is that they have to make this decision without knowing whether they will be accepted into the new priority crimes unit. Terms of the retrenchment package to be offered are still to be determined by the safety and security minister.
In terms of the legislation staff recommendations for the new unit will be made by a panel appointed by the commissioner of police. Selection will take place after the ”fixed date” when Scorpions have already been legally transferred to the police. The NPA, under which the Scorpions currently fall, will have only one representative on the selection panel. Members of the SAPS are entitled to apply for appointment to the new unit.
Currently the commissioner, who will play a significant role in the setting up and functioning of the unit, is still Jackie Selebi. He is on special leave, pending his corruption trial at the hands of the Scorpions, due to start in April.
In addition, appointment to the new unit will be dependent on a security clearance to be issued not by the National Intelligence Agency, but by the head of the police crime intelligence division.
The acting head of this division, Mulangi Mphego, is himself currently an accused in a Scorpions matter and appeared in court this week on charges of attempting to defeat the ends of justice in relation to the investigation of Selebi. The case was postponed for further investigation.
M&G questions to the SAPS about how these cases might affect the creation of the new unit went unanswered.
The minister is yet to appoint the head of the new unit and there is still no clarity on whether the unit will have regional offices, as the Scorpions do, or whether members will have to transfer to Pretoria Meanwhile, the NPA has conceded that high-profile cases are suffering because of the exodus of staff. Last month acting NPA boss Mokotedi Mpshe confirmed to Parliament that staff losses had slowed or even stalled parts of the arms deal investigation.
The new crime unit
- The commissioner has final say on appointments.
- The minister, with the concurrence of Cabinet, appoints the head of the unit.
- The unit will be subject to ministerial and operational oversight committees.
- Ministers of safety and security, finance, justice, home affairs and intelligence will set policy.
- The operational committee will be chaired by the commissioner and include departmental directors general.