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Khampepe: Scorpions must stay
05/05/2008 14:05 - (SA)
Johannesburg - The existence of the Scorpions is "as valid today as it was at conception", says the Khampepe report released on Monday.
"Despite indications that crime levels are dropping, it is my considered view that organised crime still presents a threat that needs to be addressed through an effective comprehensive strategy," states the report, released by the Director General in the Presidency, Frank Chikane, in Pretoria.
"The argument that the rationale no longer holds since the levels of crime are showing a decline is therefore devoid of merit.
"For this reason, it is my considered finding that the DSO (Directorate of Special Investigations) still has a place in the government's law enforcement plan... it is my recommendation that the rationale for the establishment of the DSO is as valid today as it was at conception."
President Thabo Mbeki appointed the Khampepe Commission of Inquiry, headed by Judge Sisi Khampepe, in 2006 to investigate the mandate of the Directorate of Special Investigations but he never released the details of the commission's findings to the public.
Cabinet last week approved the General Law Amendment Bill and the National Prosecuting Amendment Bill to pave the way for a new unit within the SA Police Service to replace the Scorpions.
Political oversight
But the Khampepe report recommends that the special investigating unit should continue existing under the authority of the National Prosecuting Authority.
"Having considered the totality of the evidence and the law relevant to the terms of reference, it is my considered view, for reasons that have already been comprehensively canvassed, that the DSO should continue to be located within the NPA," the report reads.
However, political oversight and responsibility over the law enforcement component of the DSO should be transferred to the Minister of Safety and Security.
"I have considered the totality of the evidence and argument and am satisfied that the DSO should remain within the NPA but certainly with such adjustments as are recommended in the body of the report including the recommendation relating to the power of the President under section 97(b) of the Constitution to transfer political oversight and responsibility over the law enforcement component of the DSO to the Minister of Safety and Security."
The report says it is "inconceivable" that the legislature would see it fit to repeal the provisions of the NPA Act that related to the activities and location of the DSO.
Positive answers 'critical'
The report adds that the SAPS and the DSO "still do not appreciate the legal imperative for co-operation."
The "tensions that bedevil the relationship of the DSO and the SAPS are incompatible with the constitutional responsibilities of these institutions", the document says.
"It is critical that these institutions answer positively to the constitutional mandate for co-operative governance required of all organs of state."
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