Hawks to be restructured

2011-08-16 21:13

kalahari.com

  • Police
    A 'behind the scenes' look at how the emergency services work. Now R310.00
    buy now

Cape Town - Legislation to restructure the Hawks in accordance with the court ruling that the laws that brought the unit to life were unconstitutional will be tabled to Cabinet in October, police secretary Jenny Irish-Quobosheane said on Tuesday.

"We will be able to take it to the first Cabinet meeting in October," she told Parliament's portfolio committee on police.

"It will be tabled in Parliament in November."

The new legislation needs to be implemented no later than September 17 2012 and Irish-Quobosheane said the intention was to get it to MPs well ahead of the deadline.

The Constitutional Court in March ruled, by a majority of five to four, that Section 6A of the SA Police Service Act, that set up the Hawks or directorate for priority crime investigation (DPCI), was unconstitutional.

The court found that the legislation failed to insulate the Hawks sufficiently from political interference because it gives a ministerial committee the power to co-ordinate the functioning of the unit.

It found that the committee's power to lay down guidelines for the Hawks posed a "plain risk of executive and political influence on investigations".

The court gave Parliament 18 months to remedy the constitutional defects in the Police Service Act.

The portfolio committee was briefed at length on Tuesday by the director of the Hawks, Anwa Dramat, on the court judgment, but lawmakers were not given insight into the amendments being drafted.

Committee chair Sindi Chikunga did not allow questions on the content of the amendment bill, telling MPs the purpose of the meeting was rather to get insight into the time frames set for the task.

Police commissioner

Irish-Quobosheane said the police were consulting with academics on the amendments.

Dramat in his presentation said the court had found that the new unit had a "lower status" than the Scorpions, which it replaced, because its members did not have secured remuneration levels.

He also pointed out that the head of the Scorpions could only be removed from office by the president on very clear grounds because he had the status of a deputy national director of public prosecution, whereas the head of the Hawks was accountable to the national police commissioner.

The Constitutional Court found that though the law requires the Hawks to submit guidelines to Parliament, the legislature's powers are insufficient to remedy the lack of independence that flows from the vast powers of the ministerial committee.

The committee consists of the ministers of police, finance, home affairs, intelligence and justice and has the power, along with the head of the Hawks, to determine what the reports to Parliament contain.

Tension

There has been considerable tension between Dramat and lawmakers over the decision to close the last chapters of the investigation into alleged corruption in the arms deal.

The Democratic Alliance accused him of trying to escape oversight.

An ANC MP said lawmakers were "rather relieved" that the court ruling was forcing a law change because the judges had pointed to the same issues in the law that had troubled many in the legislature.

The Hawks were created after the ruling African National Congress decided to disband the directorate of special operations, known as the Scorpions, which also implicated President Jacob Zuma in questionable deals.

The challenge to the legislation enabling the disbanding of the unit was brought by businessman Hugh Glenister.

- SAPA

Read more on:    police  |  scorpions  |  da  |  anc  |  hawks  |  jacob zuma  |  hugh glenister  |  sindi chikunga  |  anwa dramat  |  legislation
NEXT ON NEWS24X

EFF sees red over Hitler

2014-07-23 22:28

SHARE:

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
9 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/News
 
Traffic
Lottery
 
  • Wednesday Gordons Bay - 18:30 PM
    Road name: R44 Faure Marine Drive Both Ways
    ROAD CLOSED at Suikerbossie Drive due to roadworks until 5am - traffic diverted - expect delays
  • Wednesday Kuils River - 18:01 PM
    Road name: Polkadraai Road Eastbound
    ROADWORKS between the R102 Van Riebeeck Road and the R310 Baden Powell Drive exit - expect delays
 
More traffic reports...
 

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now!

Kalahari.com - shop online today

2 TV Series for R250

Get 2 TV Series box sets for R250 and save up to R148! Offer valid while stocks last. Shop now!

Pre-order the Xbox One

Get this all-in-one entertainment system with live TV, movies, social networking and gaming. Pre-order now!

Up to 50% off hair care products!

Save up to 50% on professional hair care products at kalahari.com. Offer valid while stocks last. Shop now!

30% off academic books

Score a mind blowing 30% off academic books! Offer valid while stocks last. Shop now!

Mind blowing deals on electronics!

Save up to 35% on electronics. 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 E6

Nokia E6 has 8-megapixel digital camera with autofocus and built...

From R2599.69

I'm shopping for:

Horoscopes
Aquarius
Aquarius

Your heart is big and you are sensitive to the needs of those around you. Your humanitarian side is emphasized today and you may...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.