Hawks bill 'could go back to ConCourt'

2012-04-24 10:49

Cape Town - The South African Police Service amendment bill could end up back at the Constitutional Court if it is signed into law in its current form, a crime and justice researcher has warned.

Speaking to News24 in Cape Town, Institute for Security Studies (ISS) researcher Chandré Gould warned that the bill did not meet all of the Constitutional Court's requirements, namely that it be free of political influence.

The bill was drawn up after the Constitutional Court ruled that 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.

Minimalistic requirements

Gould said the bill addresses some of the ConCourt ruling’s requirements but in a “minimalistic way”.

“We have an opportunity, because of the ConCourt judgment, not only to come up with a body that minimally meets those requirements but to come up with the best kind of body that we can have to deal with and investigate corruption in South Africa.

“Because corruption is a serious problem for South Africa, we really need to take whatever steps are necessary to come up with the best body necessary."

Gould said the amendment bill had several flaws, one of them being that the unit [the Hawks] is kept inside the police and is answerable to the police commissioner.

“While they’re within the police, there are two things that compromise their independence. One: the bill says that the national commissioner of police decides on the budget of this unit.

“Now, because the commissioner is not an independent person, it’s a person that is appointed perhaps for political reasons, for as long as that person controls the budget of the unit, the unit can’t be independent. Controlling the budget is a way of controlling the unit.”

'Not independent enough'

Gould said the other problem was that while the Hawks remained within the police, it won’t be seen as being “sufficiently independent”.

In the SA Crime Quarterly, Irvin Kinnes, a PhD student at the UCT Centre of Criminology and Gareth Newham, the head of the Crime and Justice Programme at the ISS, argued a point supporting this.

Kinnes and Newham cited an example in which current Hawks boss Lieutenant General Anwa Dramat “shelved criminal investigations into crime intelligence head Richard Mdluli... allegedly on instruction from acting National Commissioner General Nhlanhla Mkhwanazi”.

One of the bill’s other flaws is that it does not set out clear guidelines for who the unit’s head should be.

“According to the bill in its current rendition, the person appointed to the head of this unit could be a politician!

“It could be somebody who has no investigation experience. It could be anybody.”

Hugh Glenister, who took the case to the ConCourt, will be speaking at a Parliamentary hearing on the bill on Tuesday.

Gould, Newham and members of other bodies will also be making presentations for the next two days. 

- Follow Lauren on Twitter
 

Read more on:    police  |  iss  |  hawks  |  corruption
NEXT ON NEWS24X

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
5 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
 

Land reform process lawful - Zuma

The land reform process is being done according to the law and the Constitution, says President Jacob Zuma.

 
 

Latest elections multimedia

11 Julius Malema quotes you'll never forget
DA won't get 30% - Zille
The EFF's ad was banned, see why
Why Jack Parow wants you to vote on 7 May
 
Traffic
Lottery
 
  • Tuesday Century City - 05:58 AM
    Road name: Ratanga Road Southbound
    ROADWORKS - lane closure between Ocean Spirit Avenue and Century Boulevard (until mid April)
  • Tuesday Mitchells Plain - 05:58 AM
    Road name: Spine Road
    ROAD CLOSED between Weltevreden Drive and Seafarer Drive due to roadworks (until mid April)
 
More traffic reports...
 

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Escape winter, head to Mauritius

Escape winter by spending 7 nights in Mauritius' tropical bliss from R13 215 per person sharing. Includes return flights, airport transfers and accommodation. Book now!

Kalahari.com - shop online today

Get 50% off selected books!

Buy 2 books and get 50% off the second book. Offer valid while stocks last. Shop now!

Mother’s Day special offers!

Spoil mom with these awesome specials that will warm her heart. Shop now!

Twisp – the smoking alternative

Buy any 2 refills for R250 and save R149. Offer valid while stocks last. Shop now!

25% off bestselling books!

The Real Meal Revolution by Tim Noakes, Jeffrey Archer’s Be Careful What You Wish for, Man’s Search for Meaning by Victor E. Frank and many more titles. Shop now!

Mother’s Day specials on appliances

Browse our range of Mother’s Day appliances to spoil and pamper mom. Offer valid while stocks last. Shop now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Nokia C3

The Nokia C3 Features a 2+ Megapixel Camera, A2DP, Bluetooth,...

From R1175.60

I'm shopping for:

Horoscopes
Aquarius
Aquarius

You may be more sensitive today and can be influenced easily by the energies around you. Try not to be swayed too much by the...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.