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“Having considered the totality of the evidence and the law relevant to the terms of reference, it is my considered view… that the DSO should continue to be located within the NPA.”

“Until such time as there is cogent evidence that the mandate of the Legislature (to create a specialised instrument with limited investigative capacity to prosecute serious criminal or unlawful conduct committed in an organised fashion) is demonstrably fulfilled, I hold the view that it is inconceivable that the legislature will see it fit to repeal the provisions of the NPA Act that relate to the activities and location of the DSO.”

“Whereas the recent statistics show promising levels indicating some decline of criminal behaviour generally, I am not persuaded that the rationale for the establishment of the DSO has since disappeared to justify the translocation of the DSO to the SAPS.”

“It is also important that corrective action through appropriate admonition, by you, Mr President, be brought to bear on the officials that are at the helm of the DSO and SAPS to comply with the provisions of the various pieces of legislation.”

“The argument that the DSO was established as a temporary structure is not consistent with the body of evidence submitted before the Commission. I am satisfied that there is ample evidence indicating to the contrary.

“I am satisfied that the mandate of the DSO as described in section 7 of the NPA Act and in particular relating to the information-gathering capabilities of the DSO should be left as is and not be amended.

“There is no basis for the DSO to conduct intelligence- gathering work. This must be left to agencies which have the requisite expertise and legislative responsibility.”

“The one telling element of the working of the DSO that sets it apart from the conventional methods used in the investigation and prosecution of offences is the methodology of using teams involving prosecutors, information analysts and investigators in the ultimate prosecution of their cases. It is a principle that is proving to be an effective tool in addressing complex and organised crime.”

“The threat that organised crime presents to the democratic institutions and economic integrity of the country poses a formidable challenge that will continually require creative and determined strategies to address. These strategies will include, by definition, enhanced co-operation among the various law enforcement structures whose primary constitutional responsibility is to secure the country and its people.”

“The practical limitations of the traditional methods of investigation is that the investigator is often left to use his own individual discretion in collecting the evidence without sufficient legal skill to know what information is necessary and relevant for that particular offence. The investigators are furthermore not sufficiently qualified to make difficult decisions of law.”

“There are virtually no co-ordinating systems in place between the DSO and the other structures. The co-ordination and co-operation between SAPS and the intelligence community appears to be somewhat in place but operationally ineffective.”

“To the extent that the DSO may come into possession of intelligence-related information, I hold the firm view that the DSO is obliged to pass on such information to the intelligence agencies or Nicoc (National Intelligence Co-ordinating Committee).”

“The Constitution enjoins structures such as the DSO, the SAPS and the intelligence agencies to, inter alia, cooperate with one another in mutual trust and good faith by fostering relations, assisting and supporting one another, informing one another of and consulting one another on matters of common interest; co-ordinate their actions and legislation with one another.”

“The two institutions, namely the SAPS and the DSO still do not appreciate the legal imperative for co-operation. There will therefore be need for decided executive action to compel a realignment of attitudes by these institutions.”

“Upon the DSO’s establishment, it (the DSO) was supposed to make use of the existing intelligence structures, something that did not happen.” - Makhudu Sefara

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