Hawks 'vulnerable to political influence'

2011-03-17 12:19

kalahari.com

  • Hawks
    An exciting look at the physical characteristics, behavior, habitat, and life cycle of various hawk... Now R508.00
    buy now
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.


- SAPA
Read more on:    scorpions  |  hawks
NEXT ON NEWS24X
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
103 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/Movies
Traffic & Train Alerts
Traffic
Cape Town 09:37 AM
Road name: N2 Inbound

ROADWORKS - one lane closed at Main Road

Cape Town 06:03 AM
Road name: MetroRail

Train services between Nyanga/Chris Hani (Khayelitsha) and Nyanga/Kapteinsklip remain SUSPENDED - all stations on these sections are CLOSED

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

Up to 60% off - clearance sale!

Save up to 60% on appliances, books, electronics, toys, movies and more. Offer valid while stocks last. Shop now!

Deal of the Week!

Get bestselling John Green novels now just R99 each! Hurry and get yours while stocks last. Shop here.

Mind blowing deals on beauty & fragrances

Save up to 30% off beauty and fragrances. Offer valid while stocks last. Shop 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!

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

Horoscopes
Jan 21 - Feb 18
Jan 21 - Feb 18

You may be inspired to do things that expand your mind in a big way today. You have a need to explore and a need to please....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.