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Scorpions' end will 'help' crime
14/05/2008 23:05 - (SA)
Michael Hamlyn
Cape Town - The Democratic Alliance believes that the bill abolishing the Scorpions and amalgamating them into a police directorate will dramatically undermine the fight against crime, and against organised crime in particular.
In addition, if the General Laws Amendment Bill which was tabled in Parliament this week was left unamended, said DA spokesperson Diane Kohler-Barnard on Wednesday, it would violate key constitutional principles such as the separation of powers, opening the door to future abuses of power by the police.
"As such, the DA will do all in its power to ensure that the bill does not become law," she said.
Kohler-Barnard said that the fight against crime was being compromised by the closing down of three specialised units (the Scorpions, commercial
and organised crime units).
'Will dilute the expertise'
"Experience has shown," she said, "that specialised units are the most-effective methods with which to combat priority crimes.
"The amalgamation of these units will dilute the expertise contained in them, which, in turn, will lead to a lowering of morale.
"The proposed Directorate for Priority Crime Investigation (DPCI) will precipitate the excessive centralisation of power in the SAPS.
"The DPCI will be selected, supervised and funded by the police - thereby undermining, for example, the fight against corruption in the police force, as the police are unlikely to investigate themselves."
The DA said excessive powers also would also be invested in the police commissioner, who would completely undermine the independence of the new unit.
The commissioner would be able to determine who the unit was allowed to investigate, "which would preclude, for example, the bringing of fraud and corruption charges such as those against suspended National Commissioner Jackie Selebi".
The DA objects to the unit being given the power to issue its own summonses and hold closed commissions of inquiry without any judicial scrutiny or civilian oversight.
"This kind of power in the hands of the police harks back to the apartheid era where the police were accountable neither to the courts nor to the public," said Kohler-Barnard.
"Furthermore, by granting the police the power to issue their own summonses, the bill undermines the constitutionally protected independence of the judiciary.
Information the crux
"Finally, if someone is called before a commission of inquiry instituted by the new unit, all evidence obtained from that person becomes derivative and cannot be used in criminal proceedings against that individual.
"Thus, a well-connected criminal can be summoned to appear before a police commission of inquiry and walk away without facing criminal charges - so long as he gives some information.
"He can then never be prosecuted in respect of the information given."
This undermined the independence of the director of public prosecutions, who was only person legally entitled to decide who got prosecuted and for what, said Kohler-Barnard.
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