News24

Govt still studying Hawks ruling

2011-03-31 13:09

Cape Town - Government is studying the Constitutional Court judgment on the independence of the Directorate of Priority Crime Investigations (DPCI), commonly known as the Hawks, government spokesperson Jimmy Manyi said on Thursday.

"The judgment is being studied in order to fully appreciate its implications," he told a media briefing following Cabinet's regular Wednesday fortnightly meeting.

"An announcement will be made at an appropriate time in this regard. Underline that," Manyi said.

On March 17, the Constitutional Court ruled that current legislation left the Hawks unit vulnerable to political interference.

It said chapter six of the SA Police Service Act, as amended, which enabled the disbanding of the Scorpions and the formation of the Hawks, was constitutionally invalid.

The declaration of invalidity was suspended for 18 months to give lawmakers in Parliament time to rectify the legislation.

Hawks ‘not sufficiently independent’

The court said the Constitution, the Bill of Rights and international agreements on combating corruption, which had been approved by Parliament, required that states create independent anti-corruption entities.

It said the DPCI's activities had to be co-ordinated by Cabinet, and the statute provided that a ministerial committee could determine policy guidelines for the DPCI's functioning and for the selection of national priority offences.

This made the unit vulnerable to political interference, with inadequate safeguards.

"... Conditions of service of the unit's members and in particular those applying to its head make it insufficiently independent.

"Members thus have inadequate employment security to carry out their duties vigorously; the appointment of members is not sufficiently shielded from political influence; and remuneration levels are flexible and not secured.

"These aspects make the unit vulnerable to an undue measure of political influence," the court ruled.
The application was launched by businessman Hugh Glenister.

Accusations of political agenda


Glenister took the case through the courts following a resolution at the ANC's 2007 Polokwane conference that the Directorate of Special Operations (DSO), known as the Scorpions, be disbanded.

Government maintained the move was being made to improve crime-fighting capacity.

However, ANC leaders and alliance leaders from the Congress of SA Trade Unions and SA Communist Party repeatedly accused the Scorpions of a political agenda as the unit tried to prosecute President Jacob Zuma for allegedly accepting a bribe facilitated by his former financial adviser Schabir Shaik and French arms company Thint.

After Shaik's conviction and sentence for corruption and fraud, the Scorpions pursued Zuma and Thint, but the case was dropped due to interference in that investigation shortly before Zuma was inaugurated as president.

Plans went ahead to disband the Scorpions, which fell under the National Prosecuting Authority and justice department, and form the DPCI within the SA Police Service.

Comments
  • paulf - 2011-03-31 13:14

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      Melly31 - 2011-03-31 13:23

      Bwhahaha - is there any hope??!!

      paulf - 2011-03-31 13:26

      I honestly do not know what to think or say anymore. All I hop eis that Zuma will face trial and convicted with Shaik.

  • GeneralTshepo - 2011-03-31 13:26

    the president must be in charge of the hawks finished and klaar.... what is this tom and jerry cartoons??? you will never have a law enforcement agency with a license to do as they please in this country... Never. they will be accountable to the beautiful sexy classy ANC forever and ever..... we will not allow a bunch of thugs like the osullivans doing as they please haibo never!!!!

      GeneralTshepo - 2011-03-31 13:31

      then again as long as we have our people in there thats ok which is the case at the moment.....

      Alexandra - 2011-03-31 13:36

      In order for South Africa to be a democracy and the follow the constitution (I think the ANC had some hand in this) they government needs to be accountable to an independent investigative agency, that will protect the interests of use, the people, the ones the government is supposed to be working for. You cannot run the agency responsible for policing you.

      peace_piece - 2011-03-31 13:36

      HaHaHaHaHa - good one!

      OuWitBooi - 2011-03-31 13:47

      I used to think that JuJu Malema was the best advert for the DA. He has been surpassed by Master-Troll GeneralTshepo. As a general rule I am opposed to trolling on the forums because it just winds people up but in this case, because GT is supporting the DA so well, I will make an exception. Great work General - keep it up. We will rout those ANC hoodlums on 18 May.

      Slapper - 2011-03-31 13:48

      You are either Zuma under alias or an idiot...... No, no matter who you are, you are an idiot.

      Rob Gunning - 2011-03-31 14:06

      By your people, are you refering to corrupt, racist and incompetent governement agents?

      Neil - 2011-03-31 14:13

      Please tell me you were being sarcastic?

      Currie_Mafia - 2011-03-31 14:15

      This speech was delivered by DA Leader Helen Zille at the Cottonlands informal settlement in eTthekwini, KwaZulu-Natal this morning, Thursday 31st March 2011] In this election, the DA is offering something that no other party can offer. We are offering government that works. And we are offering councillors that work. For all the people. People here tell me that they have never seen their ANC councillor. I have heard that he has hardly set foot in Cottonlands since he was elected. In the DA, our councillors take their jobs seriously. They have to. Because each DA councillor is measured against an individual performance agreement. Part of this agreement is that they have regular contact with the citizens they serve. In this election, you have the opportunity to choose a party that delivers for all. It is your chance to choose a councillor that takes your needs seriously and makes a real difference in your lives. All of you know your DA candidate for this ward, Chris Bonginkosi Langa. He has lived here for twenty five years. You have all seen for yourself the great things he is doing in this community. I first heard about Chris in 2008 when he asked us if he could establish a DA branch in Cottonlands. Of course, we agreed. And we helped him set it up. Since then, Chris has single-handedly recruited over 300 DA members in this area. How did he do it? He did it by showing the community what the DA can do for the people – even though the DA does not govern this municipality, and even though he is not the ward councillor. Every Monday, Wednesday and Friday Chris drives to the bakery to pick up bread for the soup kitchen he runs from his home for school children. On Tuesdays and Thursdays, he takes bread and soup to the sick and elderly at Osindweni Hospital. He pays for all of this out of the money he earns as a security guard. On his way to the bakery to pick up the bread, Chris drives along the tarred main road that he convinced the provincial department of transport and public works to build. He drives past the Cottonlands Primary School that he persuaded the provincial education department to establish. The 400 young learners there no longer have to walk 10 kilometers to schools in Verulam and Mdloti like they used to. On his way past the school, Chris drives carefully over the speed bumps that he asked the municipality to build so that the children could cross the road more safely. As he makes his way back to his house, Chris drives past the streetlights that he asked to have installed along the main road. The better visibility at night has improved road safety and made life harder for criminals. If it wasn’t for Chris, none of these things would have been delivered to the community. Because, the truth is, Chris is doing the work that your councillor should be doing. All of you remember the days when you had to walk to the river to fetch water that wasn’t even clean. Who got the municipality to install stand-pipes in every home so that everybody could have clean water? It wasn’t your councillor. It was Chris. And all of you remember the days when you had no electricity in your homes. Who got the municipality to install pre-paid electricity meters in your house? And who assisted people with the paper-work and application forms? Was it your local councillor? No, it was Chris. Chris Bonginkosi Langa is a true South African hero. He doesn’t do what he does for money. He doesn’t even get paid for what he does. In fact, it costs him money to do it. Chris does what he does because he cares about this community. He does what he does because he wants to help the people of Cottonlands get the service delivery they deserve. More than that, Chris wants to help the people of this area escape poverty. He wants the next generation to have the opportunities that he never had. Chris has big plans for Cottonlands. He has already secured a private sponsor to build an orphanage, a hospital, a crèche and a church. The first phase of construction has created 250 local jobs. In the next six months, Chris wants to get a police station built in the area. He is also pushing for a permanent clinic and a pension pay-out point. And he wants to get all the roads, not just the main road, tarred. In this election, you have a choice. You can choose a councillor that doesn’t care about you. Or you can choose Chris Bonginkosi Langa. You can choose a party that only cares about the politically-connected few. Or you can choose the DA. In a democracy, you can make the change and choose a party that will deliver a better future. If you have never voted DA before, you now have a chance to do something different. Look what the DA has delivered in Cottonlands already. If this is what the DA can do here in opposition, just imagine what the DA could do here if it was in government.

      Snoopy88 - 2011-03-31 14:16

      GeneralTwat - Please go and google 'Democracy'! Does anyone know if the ANC will be able to change the Constitution if the get majority in the next national elections? We are teetering on the edge of an abyss...

      Thelma - 2011-03-31 14:17

      @ GeneralTshepo - YOU CHOP!!!!!

  • Slapper - 2011-03-31 13:47

    Government studying report to see what they can do to continue being beyond the Law. There is no way that they will give anyone the power to arrest them, regardless of what they get up to.

      Snoopy88 - 2011-03-31 14:08

      I thought the only time we get to see them change the constitution would be when they bring back the death penalty... Sadly it may simply be so that they can get away with more looting.

      The-man-who - 2011-03-31 14:44

      @Snoopy, why do you want the death penalty back? NO one has the right to end a person's life, only GOD can judge

  • DeonL - 2011-03-31 13:47

    I am impressed with the moderation of this spokeperson recently, I wonder how long will he be able to keep this up?

  • Siener2011 - 2011-03-31 13:49

    HAHAHA - maybe they should be more concerned with their GPS co-ordinates

  • coonpsycho - 2011-03-31 13:50

    Alexandra Well said. General Tshepo, volg jou dom leier en vergaan saam met hom. Dis net dwase wat voor gedink moet word.

  • lance.trent.kilkenny - 2011-03-31 13:52

    F.Y.I.... GeneralTsepho and Kagiso who phones in at 5fm are one and the same

  • HAggardGnome - 2011-03-31 13:53

    Looking for loopholes so that they can keep their little lapdogs. There is NO political will to root out corruption. Mainly because it is the politicians that are the biggest culprits.

      advurt - 2011-03-31 14:11

      No - not CULPRITS. Most of them are nothing more than a bunch of CRIMINALS in suits and with fancy titles.

  • semaj - 2011-03-31 13:53

    Yada yada yada sums it all up, or is it wada wada wada? whichever it may be is talking heads spinning tales we are expected to believe. If only showers could wash away all imperfections and viral contaminations in life!

  • jwill - 2011-03-31 13:57

    Dear Mr. Manyi, Please tell your boss that this is a ruling by the highest authority in this country.......there is NO way to put an alternative spin and/or interpretation on the verdict. There is no way of challenging it. And ps: don't wait too long....you only have 18 months.

      Currie_Mafia - 2011-03-31 14:17

      Agreed..... lol...Govt still studying...lol..lol..

  • OuWitBooi - 2011-03-31 14:02

    Quote from above - "The declaration of invalidity was suspended for 18 months to give lawmakers in Parliament time to rectify the legislation." In more than a month Public Works Minister Gwen Mahlangu-Nkabinde has not been able to complete the reading of Public Protector Thulisile Madonsela's 92 page report on the corrupt lease agreements she (Mahlangu-Nkabinde) signed after they were arranged by Cele. I wonder if we can co-ordinate a reading of the Constitutional Court's ruling by the entire cabinet in a mere 18 months. Don't hold your breath.

      BakkieB - 2011-03-31 14:14

      OuWitBooi.....slowly boet. I also had difficulty reading when I was in STD 3. Now how do expect people with a little more of less to cope. Remember these reports con't come with pictures.

      OuWitBooi - 2011-03-31 14:21

      @BakkieB - For sure, and if on top of STD 3 you have 3 STD's it is hard to get the brain to think straight.

  • Snoopy88 - 2011-03-31 14:06

    Well if they won't answer to the Constitution, which they trot out whenever it suits them, maybe they will answer to us.. When we vote!

  • YES - 2011-03-31 14:06

    While we are urged to allow the government time to apply its mind to implications of the judgment, however, we trust Manyi's employers will also respect the deadline it is made to meet because the government is well known for its disrespect for the rule of law - it had to take Constitutional Court judges to pronounce on government ministries to comply with court orders.

  • advurt - 2011-03-31 14:07

    Government? "STUDYING" ?? Oh please - that's a good one. Maybe how to get the skin of a banana - yes - but studying? Get real!

  • Tantrum - 2011-03-31 14:08

    Why is it taking so long? Struggeling to find somebody that can read?

  • Stu - 2011-03-31 15:18

    HAR HAR HAR - expect reply on ruling the day after the elections. What a-holes these spare johnnies think the voting public is to treat the public in this manner!! Hoepfully the worm-will-turn...

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