News24

ConCourt slams disbanding of Scorpions

2011-03-17 10:56

Johannesburg - The Constitutional Court on Thursday ruled that the legislation disbanding the Scorpions crime fighting unit is essentially invalid.

According to Eyewitness News, the justices ruled that the legislation does not give the unit's successor, the Hawks, enough independence.

The court gave Parliament 18 months to amend the legislation, otherwise it will be declared constitutionally invalid.

Businessman Hugh Glenister challenged the disbanding of the Scorpions, and asked the court to declare the two laws that were used to dissolve the unit invalid.

More to follow.
 

Comments
  • paulf - 2011-03-17 11:01

    Hip Hip Hooray!!! Bring the Scorpions back and start with JZ now!!!!

      Roche - 2011-03-17 11:44

      You go Hugh

      missmazwi - 2011-03-17 12:30

      Agreed. Under the Zuma (ANC) administration - we have regressed 20 years. Yes folks we have gone BACKWARDS. It is a fact. He is a DISASTER. Bring the Scorpions back to do their GOOD WORK.

      kungfupanda - 2011-03-17 12:42

      Whatever!! It's essentially invalid that Shabir Shaik is allowed to play golf while serving a 15 year prison sentence. It's essentially invalid that Jacob Zuma is allowed to sleep with minors. It's essentially invalid that government still maintains there is no need to properly investigate the arms deal. The better the laws, the sneakier the ANC's lawyers, for which me and you have to pay btw. I pay tax, therefore I am Zuma's employer, only problem is I can't seem to fire him!

      polymath86 - 2011-03-17 12:48

      Dont you mean Hip Hip Hugh RAY!!!!!!

      Sword&Cross - 2011-03-18 10:13

      It is just SO DISAPPOINTING that the ConCourt is so retarded in it's deliberations and in guiding SA. The ConCourt should never have allowed the highly dubious and obviously unjust decisions that allowed virtually convicted criminal suspects zuma and many others to slip through the "checks & balances" and BECOME THE MASTER OF THE COURT in the end. Every poverty stricken person and shackland dweller is a DIRECT RESULT of the ConCourt's inactivity and limp-wristedness. The REARING RACISM, is due to the same ConCourt wishywashy limpwristedness. The overwhelming FRAUD, CORRUPTION and EMBEZZLEMENT and ILLICIT DEALS enriching a few ANC elite is due to the ConCourt weaknesses. The almost TOTAL stupidy descending on youths in SA and zero comprehension of Democracy or Justice is due to the weak ConCourt. It is almost as if these highly educated and respected personages elected into positions OF TRUST of thehighest order, merely assume that the hordes of youth that have not even had parents or guardians of a proper nature will KNOW THESE LEARNINGS AND NUANCES through osmosis by touching their fingertip to the that of the black master's (zuma's) STUPID LEAD STUPID in SA. and it's getting worse by the second so don't come with this VIRTUALLY DYSFUNCTIONAL. SA has already descended into THE RACIST QUAGMIRE OF UNSYNCHRONIZED TRIBAL ASPECT the world has ever seen.

  • devils_advo - 2011-03-17 11:04

    AND WE ARE SUPRISED HOW??? Anyone with common sense could have figured that one out...

      youngun - 2011-03-17 11:10

      ya but now there's evidence. Well done Hugh! Finally a winger with real backbone

  • syndica - 2011-03-17 11:05

    Thank you, Justices of the Constitutional Court - a glimmer of hope for SA....

      Boerseun - 2011-03-17 11:20

      They shopuld have just made it very clear that the Scorpions should be re-instated. Next they should clearly rule that politics may never overrules justice and get Zuma to face the courts. We demand that of them, as they are our protectors.

      syndica - 2011-03-17 11:42

      Up to a point I agree with you, Boerseun, but the independence of the judiciary should be sacrosanct - not to be manipulated for political or personal advantage and this would include bending to 'demands'. Our individual vote is our recourse.

      daaivark - 2011-03-17 11:47

      Excellent response there, syndica.

      CheekySod - 2011-03-17 13:24

      @syndica Boersoen is not making "demands". His words is not demanding at all. Our individual vote is not our only recourse. Most laws are open to public debate before being gazetted. Anyone can, in theory, be part of the law making process. Irrespective of where they made their voting mark. Now where is the independence of the judiciary?

      syndica - 2011-03-17 13:53

      @CheeckySod. Perhaps take another look at Boerseun's comment. I emphasise that decisions of the courts should not be swayed by individuals or organisations whether they agree with the outcome or not. Judicial appeal processes exist for this purpose. And, although the public participation in the law-maiking pricess is to be lauded, it is when the bills are tabled in Parliament that where you made your voting mark will matter.

      Palser - 2011-07-03 17:29

      hello there i am currently writing a paper on the glenister case and its effects on the constitutional law but most importantly its effects on the doctrine of separation of powers. i was wondering if you could in any way provide som assistance my email is palser.letsaba@gmail.com. it would be highly appreciated as i am in dire need of jhelp and you seem to know quite a bit.

  • DeonL - 2011-03-17 11:10

    This is not a victory to bring back the scorpions, 18 months is enough time to fix the law.

      Gallows - 2011-03-17 11:25

      You're right, we should give up and simply revel in the despair of our certain demise. Grow a backbone.

      Palser - 2011-07-03 17:30

      hello there i am currently writing a paper on the glenister case and its effects on the constitutional law but most importantly its effects on the doctrine of separation of powers. i was wondering if you could in any way provide som assistance my email is palser.letsaba@gmail.com. it would be highly appreciated as i am in dire need of jhelp and you seem to know quite a bit.

  • Vaal Donkie - 2011-03-17 11:11

    Pretty words, to be sure, but what is going to happen?

  • Desertfox - 2011-03-17 11:13

    Thank you Hugh Glenister . Hope you read this comment and know that we thank you

  • alessandroz067 - 2011-03-17 11:13

    Don't get too excited here people... The state has 18 months to amend the constitution for the disbanding to become valid.

      paulf - 2011-03-17 11:23

      They had 18 months and now is or has expired.

      gizzy - 2011-03-17 11:35

      Thank goodness the ANC don't have a two thirds majority so they can't amend the constitution. All the more reason to go out and vote to make sure they NEVER get two thirds majority.

      Palser - 2011-07-03 17:30

      hello there i am currently writing a paper on the glenister case and its effects on the constitutional law but most importantly its effects on the doctrine of separation of powers. i was wondering if you could in any way provide som assistance my email is palser.letsaba@gmail.com. it would be highly appreciated as i am in dire need of jhelp and you seem to know quite a bit.

  • Dr Filemon - 2011-03-17 11:13

    The typical aNc statement in response will be : - The Judges were pissed when they made this judgment

      Palser - 2011-07-03 17:30

      hello there i am currently writing a paper on the glenister case and its effects on the constitutional law but most importantly its effects on the doctrine of separation of powers. i was wondering if you could in any way provide som assistance my email is palser.letsaba@gmail.com. it would be highly appreciated as i am in dire need of jhelp and you seem to know quite a bit.

  • amy0aylif - 2011-03-17 11:13

    Please bring the scorpions back

  • blakat - 2011-03-17 11:14

    Yay! My problem lies with the little phrase "amend the legislation" - what do they mean by that. EXACTLY what do they mean?

      Olavin - 2011-03-17 11:44

      Yeah, it is a little broad. I can only hope it means ammend it into line with the constitution. But it still would be nice to know Exactly what type ammendments the courts are expecting.

      Palser - 2011-07-03 17:31

      hello there i am currently writing a paper on the glenister case and its effects on the constitutional law but most importantly its effects on the doctrine of separation of powers. i was wondering if you could in any way provide som assistance my email is palser.letsaba@gmail.com. it would be highly appreciated as i am in dire need of jhelp and you seem to know quite a bit.

  • ZACynic - 2011-03-17 11:17

    Does the media know of any other word except "SLAM" Get a thesaurus or something, this word has passed its sell by date!!!!

      kumoriza - 2011-03-17 11:52

      The reporters spend a lot of time (allegedly? :p) watching WWE - you'll have to forgive them.

  • CheekySod - 2011-03-17 11:18

    Since when is the ANC considering the "inconvenient" constitution when making their CYOAEP laws? (CYOAEP - COVER YOUR OWN ARSE & ENRICH POLITICIANS)

  • Boerseun - 2011-03-17 11:18

    Yes, now the next challenge should be to get Zuma to stand trial.

      Baboon sheperd - 2011-03-17 15:21

      How many of your thrash that held public office in this country stood trial for anything? Onse vader land.

  • DW - 2011-03-17 11:19

    I love the way all the wrong decisions of the ANC are coming out now, just before elections - the Shaik idiocy, the schools in EC, the Trevor Manuel letter and reactions, etc etc. People LOOK at what our government is doing and VOTE DIFFERENTLY NEXT TIME!

      Enigma - 2011-03-17 12:24

      DW, agree with you. Gives a little flavour to the election! Baboon sheperd who and what in DW's comment makes you think he's not black? Man, you seem to be just a LITTLE, a WEE BIT PARANOID. I for one voted ANC up to now. I sure as hell am not going to do so this time!

      Baboon sheperd - 2011-03-17 12:43

      Which people?

      AJ - 2011-03-17 12:47

      @Baboon sheperd: I dont mind a black president or predominantly black government at all. I do mind a useless black president and an ineffective, wasteful and corrupt black government, though. So tell me, why did you choose the worst people for the job? Out of all the millions of black people in this country, why choose ones who are out of their depth and lining their pockets?

      Felix - 2011-03-17 12:53

      Baboon Sheperd, open your eyes! The ideals the ANC was founded on are being pissed all over by the current fatcats running it (into the ground).

      Cyberman - 2011-03-17 12:58

      @ Baboon Sheperd : You say "..the ANC has always stood up for non-racialism"..If this is the case then which organisation does Malema and Manyi represent as they are both blatantly racist. Contrary to your alias you've chosen on this forum, you seem like an intelligent individual hence SURELY you cannot be so ignorant and naive not to see this? Also do you truly truly believe (hand on heart) that the ANC have honestly acted in the best interests in the "people" in the way that they have conducted themselves as a Government?? (words to remind you include "Shaik,Arms deal,Eastern Cape,Aids denial, Eskom, State Hospitals", water crisis etc, etc, etc". The service delivery alone protests prove that people are fed up and also that this has NOTHING to do with race but rather the inability of the ANC Government to actually to do their job i.e. "G O V E R N"

      tut - 2011-03-17 12:58

      @baboon shepherd. That's not his/her helper. Its an employee and the colour of his/her skin is irrelevant

      Phil - 2011-03-17 13:12

      @ baboon shepherd Virtually no-one in this country minds having a black president, i am white, and i will happily live under a black president for the rest of my life and be as happy as a pig in shit. It is you that that seems incapable of differentiating between incompetence and race. We just want a competent government who will make good decisions, in the best interests of the people of this country. Their colour is totally irrelevent.

      croix - 2011-03-17 13:14

      Where in the comment of DW is "black" mentioned even once? We live in a so-called democracy (you know, where voters decide which political party will govern by way of the ballot box) and the calling upon voters to make a change at the polling station is the 'democratic' way. The ANC is as bad as the apartheid regime in terms of "legislated racism" and 10,000x worse in terms of blatant large scale corruption. You sound suspiciously like a direct beneficiary of such actions by the ANC government? Which part of the government's administration can be applauded as "well done"? Instead: nepotism, graft, corruption, slack service delivery, racism, shady arms deals, etc., etc. Open your eyes and decide with your HEAD who will be a better option as 'SERVANTS of our PEOPLE'. Blind sentiment is dead!

      Jayjay001 - 2011-03-17 13:18

      @ Baboon sheperd - EXCUSE ME, Who has faield to understand the Freedom Charter saying Equality for ALL, BLACK AND WHITE. The ANC has quickly kicked all minorities to the curb, as we all VERY WELL KNOW, even Tutu is saying it. SO don't come give me that non-racialism rubbish, utter rubbish I'm a minority who used to support the ANC - NO MORE.

  • yiannies - 2011-03-17 11:20

    Yes! Feel the sting of the scorpion king :)

  • MeltdowN - 2011-03-17 11:21

    Bring Back The Scorpions!!!! yaaay yaaay !!!! :)

  • oceantek - 2011-03-17 11:22

    The judgement is encouraging in that it shows that the law still rules. Certainly the Government is being given time to fix the law, and they may well try to fix it in a way to limit the independence of the Hawks, but the courts are still there as a watchdog. It is just a pity that so much of the comment descends to invective!

      Palser - 2011-07-03 17:32

      hello there i am currently writing a paper on the glenister case and its effects on the constitutional law but most importantly its effects on the doctrine of separation of powers. i was wondering if you could in any way provide som assistance my email is palser.letsaba@gmail.com. it would be highly appreciated as i am in dire need of jhelp and you seem to know quite a bit.

  • Mazo001@24.com - 2011-03-17 11:23

    Even if they do bring back the scorpions, my only worry is who is going to head that unit. Probably it will be Zuma's cronies and therefor making this unit ineffective.

      Melly30 - 2011-03-17 11:29

      The scorpions wont let that happen!!!

  • Welleducated - 2011-03-17 11:26

    Hooray, slap that racist ANC in the face against ther racist policies too please.

      Baboon sheperd - 2011-03-17 15:05

      So now you know something about racism? Praise the Lord, hallelujah! You guys must truly and sincerely thank the ANC.

  • Melly30 - 2011-03-17 11:28

    The Scorpions have toooooooo much on Zuma... That is why they were disbanded! BRING BACK THE SCORPIONS AND GET RID OF THE HAWKS...

      Felix - 2011-03-17 12:55

      Get rid of the pigeons!

  • ChrisG - 2011-03-17 11:29

    Give Hugh a Bells!

      John Seloa - 2011-03-17 11:32

      Give that man a Bells. He is better than the DA. He takes action and his action is visible.

      Nedomah@24.com - 2011-03-17 11:44

      Then lets make is a double shot of bells.

      Nedomah@24.com - 2011-03-17 11:45

      it*

  • Mike Webber - 2011-03-17 11:30

    Where are the racist ANC supporters today? Either they have not yet read the findings by South Africa's Constitutional Court, or they now acknowledge how corrupt the ANC really is and have nothing to say as they're ashamed. And rightly so !!! The ANC = racist, country-dividing, corruption & thievery.

      Dave - 2011-03-17 11:39

      Do I need to shave before I comment?

      Mike Webber - 2011-03-17 12:22

      @ Dave haha, no hard feelings Mr gym guy, I'm just f...king with you.

      lmduplessis - 2011-03-17 13:00

      You missed "Baboon Hearder" above, i take it.

  • Apotheosis@24.com - 2011-03-17 11:31

    Yes, let JZ be the first president in the world to go to jail!!!!!

      No.7 - 2011-03-17 12:12

      Sorry bro, "In my country we go to prison first and then become President" - Nelson Mandela

      geewiz - 2011-03-17 12:47

      Always time & space to try out something new...

  • Slapper - 2011-03-17 11:32

    The big problem is that these corrupt incompetents will take no notice of the court. It was indefensible that the Scorpions were disbanded in the first place, so these guys will have no problem with going against the concourt. ANC policy is, have a dog, but keep it on a very tight leash.

  • gwildone - 2011-03-17 11:32

    Now how long will it be before the CON court is disbanded? The 'corrupt to the core' ANC elite hate being shown how illegal their activities actually are.

  • BilboBaggins - 2011-03-17 11:34

    Yes, all that will happen is the ANC will ignore it because they cannot afford to have themselves investigated for the rampant corruption and self-aggrandizement that is the lifeblood of the ANC-led South Africa. The media also has to be 'Gestapo'd' because the ANC cannot bear to see their daily trail of pathetic service delivery failure or the fact that ANC ministers must have their houses renovated to more than double the value of their (free) houses (of course not sparing a thought for their township-dwelling supporters)...... SO glad that I am leaving soon!!! I am sick of my tax money being used to line the pockets of the elite (?) few.....

      Roche - 2011-03-17 11:53

      my precious

  • Leerder - 2011-03-17 11:35

    Aanhouer wen. Righteousness prevails.

  • paulf - 2011-03-17 11:38

    Now we are going to start having True Democracy!!!!

  • eh - 2011-03-17 11:39

    Time to impeach the President for violating the constitution and manipulating our institutions to avoid prosectution for the fraud he committed.

  • Stanton - 2011-03-17 11:39

    Hugh My brother , well done , I am holding thumbs for this I am sure some top dog ANC cronies are now feeling kind of nervous

  • Wow! - 2011-03-17 11:41

    Great News. The ANC's manipulation of the legal process has take a bloodied nose. However, does ammend the legislation mean that it has to be brought more in line with what it was when the scorpions were in place.

      paulf - 2011-03-17 11:42

      That's correct.

      syndica - 2011-03-17 11:51

      Or (on a cynical note) be amended to make the disbanding of the Scorpions permissible...?

  • corrections - 2011-03-17 11:41

    It takes two-third majority to amend the constitution and only 51% of the votes in paliament to amend laws within the consitution...the ANC has both two-third majority in parliament just amend the stupid laws within 18 months and thats then the scorpions becomes hawks...

      Baboon sheperd - 2011-03-17 15:08

      Atleast you sound like a smart ass#le. Despite its majority in Parliament the ANC has so far not amended the Constitution.

      Palser - 2011-07-03 17:33

      hello there i am currently writing a paper on the glenister case and its effects on the constitutional law but most importantly its effects on the doctrine of separation of powers. i was wondering if you could in any way provide som assistance my email is palser.letsaba@gmail.com. it would be highly appreciated as i am in dire need of jhelp and you seem to know quite a bit.

  • qwerty - 2011-03-17 11:42

    well done hugh hoora for democracy polititions think they can bulldose everything let sanity prevail more like minded businessmen required in this country qwerty455

  • ZAR Minority X - 2011-03-17 11:50

    Let each and every SAcan all pay special homage to Hugh Glenister. Here is an individual that did not ask "what can my country do for me" - like 11 650 748 SAcans did in 2009 (viz those who voted for the ANC) and still do.., No, here is one of the greatest SAcans alive, saying "what can I do for my country"... The scary verity is that the selfless people, who are working the hardest to create a future for SA, will soon be scolded by the ANC apologists - little do these obtuse oafs realise that Hugh Glenister is in fact the reason their children may not be dying like flies, as is the case in places like Libya, at the moment...

  • SomisaSodiye - 2011-03-17 11:50

    I also hope that the arms deal which was declared void by Anward Dramat (Hawks boss) will be investigated, let Mbeki-Zuma and their cronies be prosecuted.

      lmduplessis - 2011-03-17 13:05

      Ahhhh, can you FEEL the African love? It brings a tear to my eye.

      Badger - 2011-03-17 13:07

      Baboon? Take you hairy ass and F0KOFFFFFFFFFFFFFFFFFF

  • Other Justin - 2011-03-17 11:51

    Cool. Unfortunately it will be swept under the rug by pressure from the ANC.

      paulf - 2011-03-17 12:00

      I don't think so my friend. Law is Law and part of our constitution.

  • PeterZ - 2011-03-17 11:54

    This is no big deal. The anc is given 18 months to change the applicable laws and that does not mean change the constitution. I don't see any democracy in this judgement. Instead of declaring the disbanding illegal the anc is given time to rectify their undemocratic doings. Is this how a con court operates? It is abundantly clear all the concourt judges are a bunch of anc stooges. This is not democracy!!!!!

  • Zeeb - 2011-03-17 11:54

    Its a positive outcome from the ConCourt. However, lets assume hypothetically the Scorpions were reinstated. Things have changed at the NPA (DSO). Remember who is at the head of the NPA these days. Unless there has been a change of late that I'm unaware of, but the current head of the NPA is Menzi Simelane. Who put him there? None other than JZ himself!! Menzi Simelane is nothing but a JZ appointed spineless lacky. So the reality is the reappointed Scorpions will be nothing but a shadow of its former self, with the team having their hands tied behind their backs and with instructions to leave corrupt government members and families alone, rendering them totally ineffective. So unless there is independant change at the top of the NPA this will be a futile exercise, I'm very sorry to say.

      Palser - 2011-07-03 17:33

      hello there i am currently writing a paper on the glenister case and its effects on the constitutional law but most importantly its effects on the doctrine of separation of powers. i was wondering if you could in any way provide som assistance my email is palser.letsaba@gmail.com. it would be highly appreciated as i am in dire need of jhelp and you seem to know quite a bit.

  • GetitRight - 2011-03-17 11:57

    Ouch!

  • City Life 2 - 2011-03-17 11:59

    "According to Eyewitness News, the justices ruled that the legislation does not give the unit's successor, the Hawks, enough independence." This means that they have to amend the constitution in order to give the Hawks the necessary independence. This will ensure that they have the necessary "teeth" to bring perpetrators to book, BUT it will only have the desired effect if the Hawks are not run by yet another ANC crony.

  • Macho Mike - 2011-03-17 11:59

    The sting in the Scorpion's tail. Now for the big prey............Jacob will not be sleeping at night, and it will not be because of his wives.

      Baboon sheperd - 2011-03-17 15:10

      Can you atleast keep your wife or husband awake at night?

  • B line - 2011-03-17 12:03

    I think someone should write a book on all these corrupt things JZ and his gang has done, I 'm sure if we show the links between Shaik, the arms deal, the Scorpios etc etc etc then the voters will realise what is going on. On second thought, maybe a movie will work better; being able to read is not as common amongst the voters as we would like it to be.

  • Tseleng - 2011-03-17 12:05

    Not again please, waste of time.

      Felix - 2011-03-17 13:02

      You are a waste of time.

  • Say-my-say - 2011-03-17 12:10

    YES YES YES!!

  • Proffie - 2011-03-17 12:10

    Well done CC and Hugh Glenister! I hope you are awarded costs too. You deserve it Sir.

  • Slingervel - 2011-03-17 12:15

    Don't get excited! Nothing, but nothing is going to happen! This is another Shabir Shaik case where the State is going to sweep everything under the carpet. The Con Court is just another extension of the ANC manupilation machinery. Hugh Glenister, many thanks for all your effort!

  • Antjacko@24.com - 2011-03-17 12:17

    Thank you Hugh Glenister. It's now up to us to ensure that the ANC never get the majority vote in order to change our constitution. No more covering up you sons of bitches! Scorpions, expose these muppets.

  • Tinus Groen - 2011-03-17 12:19

    Hugh Glenister - I salute you!

      Baboon sheperd - 2011-03-17 15:11

      Onse vader land!!

  • rebut - 2011-03-17 12:23

    Shows that one man CAN make a difference! Mr Hugh Glenister you are a legend.

  • willieman - 2011-03-17 12:23

    Where are all the disciples of Zuma,Is the COncourt reactionary,counter revolution?This is the difference between us and the western world(the rule of law is the order of the day).We should stop saying "with got the best constitution in the world because we do not respect it