'Enough crime to keep Scorpions'

2005-10-07 12:04

Pretoria - Merging the Scorpions with police will have a negative impact on South Africa's ability to combat organised crime, the Foundation for Human Rights told the Khampepe Commission in Pretoria on Friday.

"Neither the Scorpions or the police should enjoy a monopoly over (high-level) investigations. There is more than enough commercial and organised crime to keep both organisations busy for years to come," advocate Howard Varney told the commission.

The commission, headed by Judge Sisi Khampepe, entered its fifth day of public hearings into the future of the Scorpions, which operates as an elite crime-busting unit.

It currently falls under the NPA, as the Directorate of Special Operations (DSO).

Proposals being considered by the commission are whether to disband the Scorpions, relocate it within the police, or change its mandate

Constitutional impediments

The SA Police Service (SAPS) contended on Wednesday there were constitutional impediments preventing the DSO from operating outside the police service.

"Of real significance is that at the time of the formation of the DSO, the then minister of safety and security and national commissioner of police raised no such dire and legal concerns," Varney said.

"It hardly needs to be stated that the same constitution and the same laws were in place then."

He said while the constitution only made provision for one police service, it placed no restriction on the creation of investigative bodies outside the SAPS.

Another problem raised by the SAPS was the involvement of prosecutors in investigations.

The FHR submitted this involvement from the outset helped ensure investigation would yield evidence that would be sustained in court.

"The DSO's own track record of conviction rates is testimony to this," Varney said, adding it was not possible to replicate the prosecution-led investigative approach of the Scorpions within the police force.

Debate over independence

Confining criminal challenges to one organisation amounted to "putting all one's eggs into one basket".

The SAPS had further claimed that the independence of prosecutors was compromised by the fact that they worked closely with investigators.

The foundation endorsed the view of George Bizos SC representing the national intelligence agency, who on Wednesday stated that independence depended on the individual.

Varney said the vociferous objections of the SAPS seemed to be about the issue of reporting. "The SAPS want the investigators to report to them."

He said there was no merit to claims by the NIA that the DSO had overstepped its constitutional and legislative mandate.

The information gathering and analysis component of the DSO was geared exclusively for the purpose of prosecution while that of SAPS was much wider.

The director-general of intelligence in his submission earlier on Friday, argued for the maintenance of the DSO, with it being empowered by legislation to perform its intelligence role.

Reluctnant to scale down

Responding to the Justice Minister Brigitte Mabandla?s submission on Wednesday that the diminished crime threat meant the location of the DSO could be reconsidered, Varney said in that case closure could be considered.

"There is no cause for the scaling back of crime-combating efforts. Most South Africans would be dumbfounded by such a prospect."

The foundation recommended introducing a more definitive statutory mandate to provide direction and reduce the possibility of abuse of power.

In terms of oversight and accountability, Varney suggested an oversight body with mixed composition of executive and independent civil society members was the answer.

He said there would always be a measure of tension between the DSO and SAPS which was not an unproductive dynamic. He concluded by reminding the commission that a "forced marriage was doomed to fail".

The commission was appointed by President Thabo Mbeki in March to advise him on the future of the Scorpions.

- SAPA