Hawks are autonomous, court hears

2013-09-17 17:22

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Cape Town - There has been no convincing argument that the police specialised Hawks unit will not be autonomous, the Western Cape High Court heard on Tuesday.

"The directorate [Hawks] constitutes a cocooned autonomous group," submitted Advocate Michael Donen, for Police Minister Nathi Mthethwa.

Donen contended the SAPS Amendment Act, which is being challenged by businessman Hugh Glenister and the Helen Suzman foundation, met all the requirements of establishing an independent crime fighting unit focusing on, among others, corruption.

Because the appointment of the Hawks' head was led by Mthethwa, this did not mean it would be unduly politically influenced.

"The appointment by the minister of the head cannot be described as a political appointee," Donen said.

His arguments were in line with those of President Jacob Zuma's counsel, Advocate Kemp J Kemp, who earlier said the police minister's discretion only took effect when deciding who he wanted to appoint, as Hawks chief, from those who met the objective criteria as set out by the act.

The Amendment Act was drafted last year in response to a previous Constitutional Court victory by Glenister, in which the executive was ordered to change the legislation to provide the Hawks with independence from political interference, among other things.

Glenister brought his case following the dissolution of the Scorpions, an investigative unit under the National Prosecuting Authority (NPA), in 2008.

He is now back in court, arguing the new act still did not adequately insulate the Hawks from political interference.

Read more on:    police  |  hawks  |  nathi mthethwa  |  jacob zuma  |  hugh glenister  |  cape town

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.

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
Comments have been closed for this article.

Inside News24

Traffic Alerts

Jobs in Cape Town [change area]

Jobs in Western Cape region

Tax Compliance Officer

Cape Town
Mass Staffing Projects
R280 000 - R300 000 Per Year

Sales Representative

Cape Town
Pax Staffing Dynamix (Pty) Ltd
R8 000 - R25 000 Per Month

Mobile Developer

Cape Town
Goldman Tech Resourcing
R360 000 - R480 000 Per Year

Property [change area]

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


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.


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.