News24

Hawks 'vulnerable to political influence'

2011-03-17 12:19

Johannesburg - A section of the legislation that paved the way for the disbanding of the Scorpions and the creation of the Hawks was declared constitutionally invalid because it did not provide enough protection against political influence, the Constitutional Court ruled on Thursday.

It gave Parliament 18 months to remedy the legislation after finding that Chapter 6A of the SA Police Service Act as amended, was constitutionally invalid.

"The key question in this case is whether the national legislation that created the Directorate for Priority Crime Investigation, known as the Hawks (DPCI), and disbanded the Directorate of Special Operations, known as the Scorpions (DSO), is constitutionally valid," the judgment read.

The majority of the court found it was not, saying: "The main reason for this conclusion is that the DPCI is insufficiently insulated from political influence in its structure and functioning."

Challenge


The case was brought by businessman Hugh Glenister who was opposed to the disbanding of the Scorpions, which was a decision taken at the ANC's conference in Polokwane 2007 following lengthy attacks on the unit as it attempted to investigate corruption allegations against President Jacob Zuma before he was sworn in.

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

The judges explained that the DPCI's activities must be co-ordinated by Cabinet and that the statute provides that a ministerial committee may determine policy guidelines in respect of the functioning of the DPCI, as well as for the selection of national priority offences.

"This form of oversight makes the unit vulnerable to political interference."

The safeguards to prevent political influence and interference are also inadequate.

'Vulnerable to an undue measure of political influence'

"... 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 also found that the Constitution does not oblige Parliament to place a specialised corruption-fighting unit only within the National Prosecuting Authority.

The court suspended the order of constitutional validity for 18 months to give Parliament time to rectify the inadequacy.


Comments
  • Point Blank - 2011-03-17 12:26

    But we knew this, it didn't need the highest court in the land to tell us this... The ANC want to run everything so they can "use the momey".. Sorry chaps, time to vote them out. Have you seen them walk into parliment... er sorry, waddle in.

      Melly30 - 2011-03-17 12:33

      This will be good for SA if we can get the scorpions back!!! Then they can carry on and go for ZUMA and his comrades!

      Mnumzane - 2011-03-17 12:35

      Its not about the money. Its a common practise every party that comes to power in the world want to run everything. If you can ask Obama now if he is still happy as a President, he will tell you he is no longer happy because he has no power. Unfortunately you are still in the Minory and you cannot vote them out.

      Virginia - 2011-03-17 12:42

      Maybe we will hear the truth about the Arms Deal and who was involved.

      theoldmanofthemountains - 2011-03-17 13:18

      Mnumzane, racism isn't a one-way street. Point Blank & you have more in common than you care to accept. Whatever the colour of your skin is immaterial. What matters is how you think, your value system, your ideology. This is where the real clash comes to the fore. If politicians who see no problem in squandering the precious resources that are given to them is okay with you, then we are poles apart in terms of value systems. No politician or political party is completely trustworthy, the DA included and there's no doubt that they have their own agenda (which political party doesn't?), but the truth is that when it comes to looking after our tax Rands, the DA's performance in the WC has shown them to be scrupulous - that's far more than we can say about the ANC-run provinces.

      modefan - 2011-03-17 13:20

      Thank you Hugh Glenister for taking them to court

  • The Observer - 2011-03-17 12:29

    Hahaha. Come now all you ANC junkies, speak up. I guess this judgement was made by the racist courts and constitution from the apartheid regime.

      Mnumzane - 2011-03-17 12:36

      If we are ANC junkies then you are AWB junkie

      Antjacko@24.com - 2011-03-17 12:52

      Mnumzane, you don't speak like a mnumzane sadly. You sound like a clown who wishes the gravy train stopped at his house as well!

      The Observer - 2011-03-17 12:52

      Mnumzane. Gees what a comeback,did your mom help you to come up with that one or did you phone Juliaaaas. I will not be able to live with myself now.

      truckho - 2011-03-17 12:54

      No logic there Mnumzane

      Itoldyouso - 2011-03-17 12:59

      Mnumzane, I pray that you become seriously successful, earn bucket loads of money, buy a nice house and car AND PAY HUGE TAXES and that when you sit back and see YOUR government, WASTING AND STEALING your hard earned money, you can say that you are TRULY HAPPY THAT YOU VOTED ANC! From the bottom of my heart I wish you massive success and riches, because once the "have's" have been taxed to death and the golden goose has been starved, then you are next....you have been warned. Lets talk again in 15 years (maybe less - hopefully never)

      Klaus - 2011-03-17 13:07

      Mnumzane, "Unfortunately you are still in the Minority and you cannot vote them out." Why didn't you say what you meant, "Voting 'US' out!!

      MathysTheart - 2011-03-17 13:12

      My opinion, as a white guy who grew up after apartheid: The only difference between AWB and ANCYL is that no-one bats an eyelash when ANCYL-members destroy public property.

      modefan - 2011-03-17 13:23

      Zuma to head of Hawks: 'you play along with their little game, but you report back to me'

      Nigel - 2011-03-17 13:30

      Mnumzane is saying he is not a ANC junkie, the same way you (hopefully) are not an AWB junkie i.e. he is as much an ANC junkie as you are an AWB junkie. relax

      The Observer - 2011-03-17 13:43

      Nigel, you detective you. Glad you were born with that 6th sense thing. I misplaced my watch some weeks ago can you please help me find it? Hay, I had by pills this morning so a-ok on the relax part.

  • jkoorts - 2011-03-17 12:30

    revolution!

  • jwill - 2011-03-17 12:31

    too little to late....so what? The Scorpions are loooong gone & if the Hawks were to get too "close" to home, another way will be found to disband them as well.

  • Cynical Sci - 2011-03-17 12:31

    This is good news mostly, though I don't see why Parliament (pretty much the ANC) should have 18 months to tweak things so that it still favors them.

  • dubloki - 2011-03-17 12:33

    Thank you constitutional court. Job well done!

  • Bachbabe - 2011-03-17 12:34

    Point Blank, I agree that we don't need the highest court in the country to tell us that, but it is very good news that they at least say so. It is now not only the "bloody agents", "racists" etc etc that say the Hawks are vulnerable to political meddling, but also the ConCourt with judges that the ANC themselves have appointed. Hahaha those waddling ducks......

  • Luke Slade - 2011-03-17 12:35

    So will the ANC ignore this judgment and defaecate all over our constitution which a lot of our countrymen died for?

  • Virginia - 2011-03-17 12:40

    It was the ANC's way of telling everyone to get st...fed. They the Hawks will not investigate the ANC government or friend or family that is why they are there and not the Scorpions.

  • Baboon sheperd - 2011-03-17 12:40

    All you DA/FF/AWB junkies, wait a bit. No champagne yet.

      unbeatabulls - 2011-03-17 12:50

      Baboon Shephard, you really are a baboon!!!!!!!!!!!!!!!!

      The Observer - 2011-03-17 12:52

      Your name suites you.

      Antjacko@24.com - 2011-03-17 12:53

      Ok baboon.

      jwill - 2011-03-17 12:55

      boo-freakin-woo.....

      Charlie - 2011-03-17 13:03

      Its feeding time at the anc zoo , you better go eat

      Felix - 2011-03-17 13:08

      Whitey troll alert...

      MathysTheart - 2011-03-17 13:14

      Don't you mean Malema junkies?

      Currie_Mafia - 2011-03-17 13:35

      Klim die berg...

      Radrodent - 2011-03-17 13:43

      The doos can't speel shepherd properly.

      Blah-blah - 2011-03-17 14:31

      Shame baboon - just because the ANC says that it is the right thing to do and that they were told to do it by an angel of some god, does not make it true. It just makes it yet another blunder by an inept government. Maybe not even a blunder - I dare say that the Hawks was a not-so-clandestine move to have a whole unit at their disposal to cover up their massive corruption. Oh, and by the way baboon - corruption affects you directly - your pocket, your family, your friends, your enemies and when your enemies are affected, then you are in deep, deep pooh in the bat of and eyelid... You are pulling a bandwagon for a party and government that does not even care about you - they care about themselves and their ever-growing bank accounts. The policies they've put into play is overcomplicated and unworkable - ever wondered why? The simple truth is that it makes it easier for them to work the system and steal from taxpayers - while honest people beg for stipends from the DTI and other unproductive and corrupt institutions "placed" there to "assist" us. And don't get me started on their children - they are the biggest crooks of them all - taking corruption to a whole new (and even less clandestine) level. And by-the-way baboon - it has nothing to do with the colour of their skin, eyes, hair, toenails... It is the demented mindset of crazy dictators coming to the fore. So good luck - keep towing that line, but also start praying for your life - if you believe in that kind of thing.

  • thabo9 - 2011-03-17 12:42

    Enjoy the freedom of speech brought about by the self-same ANC you ridicule

      Cynical Sci - 2011-03-17 12:48

      The irony of your statement is thunderous!

      jwill - 2011-03-17 12:51

      wow, just another blind loyaltist that's p***ing in his pants because his master has been slapped on the wrists. It's a disgrace.... Your ANC has been shown (once again) that they don't know what true democracy means.....and all you can do is resort to meaningless drivel. Your statement is showing exactly what a tribal mentality is....good luck

      GBES - 2011-03-17 12:52

      Freedom of speech was NEGOTIATED ! with all parties and public input.That was the anc of Nelson mandela. The "herstigte" anc with JZ at the head, intimidates the editors,arrests journalists,wants to install an anc political "commissar" to censor newspapers, strangles the SABC into an grotesque anc dummy.These same dictators disbanded the best investigating unit(The Scorpions) we had,and indirectly allowed crime to flourish.WTF...its time to vote them out,like the arabs have belatedly done to the dictators up north.

      truckho - 2011-03-17 13:03

      Why? Otherwise they'll take that away too?

      MathysTheart - 2011-03-17 13:15

      Don't forget tapping Zille's phone for 3 years and having nothing against her.

      ir8m8 - 2011-03-17 13:22

      the same anc that want to now control freedom of speech, do you actually think before you type...

      Stox - 2011-03-17 13:37

      Freedom of speech is something that is provided by the constitution, not the ANC, you f**kwit. And it is that constitution, the same one that says we have freedom of speech, the right to jobs, and the right to vote for who we like etc... that the ANC is stepping on. The reason that the constitution is separate from the state is to protect liberties. If you gave the ANC half the chance they would silence those who oppose them and only give freedom of speech to those who say what they want to hear. Let me get one thing straight for you - NOBODY owes the ANC anything. The ANC owes us. All they did was give people liberties that they deserved in the first place. Any government is a servant to the people, not the other way around. This culture of blind loyalty where you devote yourself to someone or something that gives with this hand and takes twice as much with the other is tribal and primitive. Wake the f**k up, son. It's time the ANC realize they are the servant and we are the masters, and we want what is due to us. Starting with ridding the government of self-important, bloated, arrogant, corrupt half-wits who take from the poor so they can gorge themselves. Your masters are disgusting and a disgrace to the human race. Freedom of speech that.

      Educated - 2011-03-17 14:39

      You mean, the very same "freedom of speech" that they're trying to remove?

      Blah-blah - 2011-03-17 14:52

      Epic fail.

      Jo - 2011-03-17 15:13

      freedom of speech was brought to South Africa by a new constitution, not one political party. And nonsense like the disbanding of the Scorpions, and every time the law is manipulated, that very constitution is threatened.

  • Bullet - 2011-03-17 12:42

    We need an opposition like Hugh Glenister to take on the goverment on issues such as this...just hope Cele and his crew does not conduct a raid on Mr.Glenister. I have been an ANC supporter up until 2009 and now often hang my head in shame, please can we get a worthy opposition to tackle the goverment and not rely on the man in the street to do this...

      Cynical Sci - 2011-03-17 12:49

      I believe the DA were backing Hugh Glenister, after he brought the case.

      Cynical Sci - 2011-03-17 12:49

      Can't give you chapter and verse but I seem to remember that being in the news.

      mark.molema80 - 2011-03-17 12:52

      We do, its the DA... Sure its not perfect, but it's better than those clowns currently in gov...

  • kaise - 2011-03-17 12:46

    the ANC wanted to remove scorpion because it was blocking ways for them to misuse public funds,its about time we let other political party rule us the ANC think they have got it all but not yet.

  • dyllon.leigh - 2011-03-17 12:47

    Have i time-travelled into the past? what is up with the "Captain Obvious" news headlines lately: Hawks 'vulnerable to political influence' SA 'on verge of being dysfunctional' Am i missing something... is this not common knowledge?

      MathysTheart - 2011-03-17 13:17

      Common sense: So rare, it's considered a super-power.

  • mark.molema80 - 2011-03-17 12:47

    VIVA African National Circus VIVA!!! We all knew it was gonna come to this... HAHAHAHAHA Right everyone, 1, 2, 3! WE TOLD YOU SO!!!!!! .... idiots

  • Mike@CapeT - 2011-03-17 12:54

    It is quite clear that this outfit was always going to be politically tainted! That was the sole intention when the Scorpions were disbanded...JZ and his dubious cronies needed an outfit that they could influence and control. Same reason that Cele was put in charge of the police force and the same reason that a number of other important departments are now headed by tame cadres! Mugabe style!

  • SBoyzana - 2011-03-17 12:55

    @Mnumzane,i cannot agree with you more and your comment to me has nothing to do with colour,you just stated a fact,people need to educate themselves and apply common sense that all,you're in powere you want this to be done your way simple.

      Charles Kane - 2011-03-17 13:13

      Democracy entails a responsibility on the part of the voter. In a constitutional democracy, governments rule by the consent of the people. In places where the people are educated and have self-respect, they do not take kindly to their elected officials taking liberties. They vote them out. In this country the ruling party has convinced the majority that the government and the party are the same thing. When a ruling party is able to do this, it usually means that the population is not ready for democracy. Sad because I had such high hopes for our ANC.

      Freddie - 2011-03-17 13:47

      SBoyzana, it is ironic you mention "educate" in your post. Because you obviously lack that very quality. The constitution is there to protect us from the very activities you accept as normal. Corruption, nepotism and cronyism are not acceptable in any civilised country. The fact that you accept it speaks volumes.

  • tut - 2011-03-17 12:55

    It was never a Hawk. It's a crow devouring the carrion force fed by it's crooked owner.

      Felix - 2011-03-17 13:09

      pigeons...

      ir8m8 - 2011-03-17 13:24

      i was thinking more along the lines of a vulture...picking off the last scraps

  • Charlie - 2011-03-17 12:58

    Its obviaaass , The HAWKS are zuma's puppets

  • SBoyzana - 2011-03-17 13:00

    @ Mnumzane, i agree with you, whoever is in power will do things his favourable way unfortunately thats how its,.this is exactly what happened here and as much as I dont like the way these HAWKS came up there's very little that i can do to remove them thats life in this country!

      KaiinSA - 2011-03-17 14:06

      There is a great deal you can do, it is called using your vote wisely.

      Jo - 2011-03-17 15:15

      it's however you want it to be SBoyzana - political parties come and go depending on voters. You only get what you choose.

  • Robert - 2011-03-17 13:01

    my hero with a man like that who needs the d.a or vf+,ow i forgot they all bussy enough with other shitty ,stinking,imoral ruling party crap.

      MathysTheart - 2011-03-17 13:20

      Can some one tell me what this guy is talking about? He has the grammar of a 2010 matric.

  • nic - 2011-03-17 13:02

    This is not news. Everyone knew that this was done to stop the Scorpions investigations into the corruption that is the ANC.

  • Richard - 2011-03-17 13:03

    I thought that the Hawks were created because the Scorpions were too independant and were looking into government corruption. Wasn't the main goal of creating the Hawks (and disbanding the Scorpions) to get them off our politicians' backs?? Funny that they are only looking at this now...

  • MathysTheart - 2011-03-17 13:05

    Hawks 'vulnerable to political influence' Understatement of the year. Weren't the scorpions disbanded because they dared to question Zuma's integrity? The court found than shabir shaik had a corrupt relationship with Zuma, yet only shaik is in jail(at long last).

      daboss247365 - 2011-03-17 13:15

      Um... shaik's jail term didnt last..

      MathysTheart - 2011-03-17 15:06

      This week shabir was kicked out of hospital and sent back to jail. Miraculus recovery from terminal illness. Lasarus eat your heart out. B.t.w. Every person on this planet suffers from a terminal illness: Ageing.

      Jo - 2011-03-17 15:16

      The Hawks appear to only exist BECAUSE of political influence.. at least, that's what it looks like to the nation.

  • vee - 2011-03-17 13:11

    Congratulations Hugh Glenister! Hats off to a man not afraid to take on the ANC Government.

  • Slapper - 2011-03-17 13:13

    Everything in South Africa is vulnerable to the ANC. These guys are using Pre-school kids to Pensioners, Postmen to Directors general. Nothing is sacred to their lust for money and protection from justice. It is a disgrace, but we can not just roll over for the scumbags

  • paulf - 2011-03-17 13:15

    That's correct, the Hawks are vulnerable as they fall under the SAPS. The Scorpions were not vulnerable as they were totally Independent and could not be influenced by any Political Party or Cabinet.

  • sasam - 2011-03-17 13:17

    For Point Blank - although we all knew it, it had to be legitimized for the international community to take better notice. Mnumzane boasted that we are in the minority. He is right - since we are a totally unbalanced heterogeneous society - if we want to call ourselves a democracy a Minority Protection Bill is urgently required. Otherwise the Minority Groups will be subject to increasing oppressive behaviour due to the Human Nature of the Majority Group. Contrary to popular flowered speech -history has shown over and over again that Human Nature is not empathetic at its root and a Legislative watch dog is required. Reality is that Human Nature is to be group orientated - it gives us identity and security. God help us all if the Majority Group has no legislative check for acting out their Human Nature against the much smaller groups.

  • Dumbstruck - 2011-03-17 13:18

    But haven't you seen the ANC slogan - Working together we can steal more?!

  • WiseOwl2 - 2011-03-17 13:19

    You can do what you like till the cows come home. This bunch are above the law.

      Radrodent - 2011-03-17 13:47

      Bull, they are lower than trash.

  • Marusi - 2011-03-17 13:22

    Not a word of thanks to Mr Hugh Glenister who risked his time an money in taking this the Constitutional Court?

      Totman - 2011-03-17 13:36

      Seeing that he won proves that he was right all the time and we all have to take our hat off for him. Just wonder if it was also ordered that he must be refunded. If not, I am willing to forward my contribution if he start a fund.

  • briansmith702 - 2011-03-17 13:24

    Well done. We all knew why the current crop of corrupt ANC wanted the scorpions buried was to allow them to steal indicrimately as they have done. Just look at the Cele debarcle. Imagine him prosecuting himself!!!!

  • e.henning101 - 2011-03-17 13:25

    ANC has evrybody - E V E R Y B O F Y - in their corrupt pockets! The ANC steal, murder, blackmail, scam, intimidate, victimize and who knows what not else to get what they want..this includes stealing the country's revenue/ funds to pay for their crimes, desires and wishes! What else could you expect from a country and government where people - leaders! followers! -still believe in rubbish such as the Tokkolosh...eating garlic to prevent AIDS...having a shower after you slept with an AIDS-whore...raping a virgin will cure you from AIDS?! 3rd World country/ mentallity wanting to be 1st world... Get people with integrity, values, moral belief system and honour to do this work! Not "slapgatte" easily influenced or bought!

  • kaylspw - 2011-03-17 13:28

    Amazing how this is all coming out just in time for vote......

  • Freddie - 2011-03-17 13:32

    Well done Bob! You are truly an extraordinary individual. We need more like you in this country. The Anal Corrupt Nepotists must learn that they are not gods. They answer to the constitution and people of this country.

  • Currie_Mafia - 2011-03-17 13:33

    We all knew it but thank you Mr Glenister for taking this 'travesty of justice' further...2 thumbs up !!!

  • Mpho Thelejane - 2011-03-17 13:35

    This seems to be a calculated ruling to produce calculated results. We should not forget that he himself (the Head of Concourt) is a fan of Zuma for he was appointed in fulfilment of his wishes to be the future head of Concourt. One wonders the credibility of rulings he endorses. All those under his leadership are subjected to his aspiration for each man wishes to hold a portion of concourt intellectual stand. aowa! our mzansi!

      Jo - 2011-03-17 15:19

      um sure, but this ruling is not really in Zuma's favour. Maybe someone decided to make an actual ruling based on actual evidence and intent. It would be nice.

  • briansmith702 - 2011-03-17 13:36

    The questio that now raises its head is whether or not the release of Zuma from the charges brought by the scorpions was also unconstitutional?

  • Botolo - 2011-03-17 13:36

    give it first to the public view,then the list of resignition begin with those(Polokwane) who influenced Pres Mbeki to resign.

  • Jacob - 2011-03-17 13:39

    Now we have the proof that ordinary South Africans can act in cases where they feel hard done by the goverment institutions.Our poverty stricken people have a legal course against the goverment for poverty.Please donate towards legal fees to assist our poverty stricken people to also take steps.

  • Radrodent - 2011-03-17 13:48

    Give Hugh a Bells

      Cynical Sci - 2011-03-17 13:55

      Nice, but give him Chivas, that would really get up the ANCYL nose!

  • Joseph Mavundla - 2011-03-17 13:59

    The constitutional court is also politically biased because it is composed of people who are not immune to political activities happening in the country.Six men can note decide how the country must be run as they are not elected but appointed on certain grounds.Its time our courts tow the line of transformation.

      Charles Kane - 2011-03-17 14:13

      Since you think 'transformation' means politicians and their cronies should be above the law, I can only presume that you are another beneficiary of corruption. The apartheid regime was corrupt and now the post apartheid regime is corrupt. The only transformation is the colour of the criminal's skins. For shame!

      Jo - 2011-03-17 15:21

      Joseph, the one place in the world where no line-towing should enter is a court of law. That's why justice is blind - it's the law and only the law that should count in a courtroom, not whether you are rich, poor, black, white, high or low - each individual is supposed to be treated the same and judged according to the law. If we can get our courts to THAT place, they will be truly transformed. It will mean that the law works for every one of 48 million citizens - we'll be the envy of the world.

  • dumdum2 - 2011-03-17 14:04

    Someone once said.."so many stupid people rule intelligent people that sometimes I think stupidity is a science.

      tut - 2011-03-17 14:07

      Political science

  • dirk.schoeman - 2011-03-17 14:25

    As an ex-Police Officer I salute Hugh Glenister!! What a victory for Justice! Dirk.

  • Ithinkso - 2011-03-17 16:28

    Well done Hugh Glenister for having a huge set of kahonies to take on the system !!!!! Bloody brilliant job.

  • shrink - 2011-03-17 17:46

    Hugh, you deserve to be called SIR HUGH GLENISTER, in fact from now on that's what i will call you, i wonder how will this country be if we had a similar heart as yours.

  • Carl Muller - 2011-03-18 08:19

    I salute you!

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