Scorpions face legal fight
2005-07-08 20:01
Bloemfontein - A legal showdown is looming between the national prosecuting authority's Scorpions and the Mangaung Local Municipality after a recent raid on the municipality's head office in Bloemfontein.
City manager Mojalefa Matlole said on Friday: "The file containing details of the Scorpions application for the seizure warrant...is now in our possession and studied by our legal representatives to formulate an opinion as to its legality.
"Our take at this stage is that it was rather too broad and vague."
Matlole said if this was the case, the municipality would "soon" seek a court order to set the warrant aside.
Documents, computers confiscated
The Scorpions on June 23 closed down the municipality's head office in the Bram Fischer building in terms of a seizure warrant after early morning raids at the homes of six senior officials. Various documents and computers were confiscated.
Lebo Mdulana, the Scorpions' regional head in the Free State, said at the time the raids formed part of their investigation into fraud and corruption involving tenders by high-ranking municipal officials.
The municipality's statement on Friday followed a successful application in Free State High Court on July 7 to get back the documents that were seized by the Scorpions.
The court ordered the Scorpions to keep "copies" of the documents seized and to return all files to the municipality.
Negotiations with the Scorpions
The Free State High Court also ordered that the process should take place under the supervision and assistance of two municipal officials and be finalised by Wednesday next week.
Matlole said they had no choice, but to approach the court for relief after negotiations with the Scorpions, which resulted in several "deals" and "agreements", failed.
He said the municipality needed the seized documents for sufficient service delivery to avoid compromising "our mandate to the community of Mangaung".
Matlole revealed that the showdown with the unit began about four weeks earlier when the municipality became aware of the Scorpions "presence" within the municipality.
Presence of Scorpions 'detrimental'
Mathole said: "The members of the Scorpions were using all methods to induce our staff to provide them with information.
"The effect of their clandestine presence and operation within the municipality became detrimental as it was compromising staff in relation to their colleagues and their own work.
"This matter was taken up by the city manager who informed and requested the head of the Scorpions in our province to desist from unsavoury tactics bound to render the municipality unworkable."
Matlole said the request was in line with the constitution, which prescribed that each sphere and organ of state must treat each other with respect and dignity, and in instances of conflict appropriate mechanisms must be put in place to resolve it.
- SAPA