National Assembly passes Hawks bill

2012-05-23 18:39

Cape Town - The National Assembly passed an amendment bill on Wednesday to restructure the corruption fighting Hawks unit in line with the Constitutional Court's Glenister ruling.

The draft bill generated heated debate, with the ANC asserting that it gave the unit adequate independence, as the court demanded, and the opposition dismissing it as a minimalist attempt to appease the bench.

It was approved by 220 votes to 57.

Police Minister Nathi Mthethwa defended the lawmakers' decision to leave the directorate for priority crime investigation (DPCI) - better known as the Hawks - in the police force, contrary to proposals from several security and legal experts.

He said there was no international imperative to relocate the unit and the final bill guaranteed the operational and structural autonomy of the unit.

Threats to take it back to court

Sindi Chikunga, the chairperson of the portfolio committee on police, likewise dismissed criticism that the bill failed to go far enough to satisfy the demands of the court.

She said those who threatened to take the legislation back to court, should do so because it would only serve to confirm that it was now constitutional.

"The sooner it happens the better for all of us," Chikunga said.

She said the drafters had taken on board most of the proposals contained in a submission by constitutional law expert Pierre de Vos, who expressed some scepticism that this was the case.

The bill, an amendment to section six of the SA Police Service Act, was reworked at the 11th hour to make the head of the Hawks report to the police minister, and not the national commissioner.

De Vos and others had argued that the unit could never be independent if it answered to the commissioner - a political appointee.

'Fiddling politicians'

ANC MPs also agreed to fix the term of office of the leader of the Hawks at between seven and five years, and introduced measures to ringfence the budgetary processes of the unit.

However, the Democratic Alliance's Dianne Kohler Barnard said her colleagues had missed an opportunity to set up a truly independent anti-corruption unit and had instead "tinkered with the Hawks to comply with the Constitutional Court judgment".

She said it was a mistake to make the head of the unit report to the minister, and that the bill failed to safeguard the Hawks from political interference.

"It is unlikely to persuade the public that it will protect the Hawks from fiddling politicians.

"The unit needs to be located as far from SAPS and the executive as possible."

The Freedom Front Plus also voted against the bill, while the Congress of the People and the African Christian Democratic Party supported it.

The ACDP said it did so because, despite flaws, it believed that given that the Glenister judgment was not unanimous, it would probably pass constitutional muster.

  • Squeegee - 2012-05-23 18:49

    Lets hope we end up with something better than we have now.

      Slick - 2012-05-23 23:07

      LOL....hope reminds me of the song.... land of hope and glory...but sadly is south africa the only hope we have is uhmmm ermmm damn nothing comes to mind...Wait maybe a new rendition of the song ..."give me hope joanna" called "give us hope Jacob Zuma, b4 you get told to Puma Zuma" ( puma= leave/get out/humba/voetsak)... mite be interesting...LOL! - 2012-05-24 09:36

      The only reason the government wants to keep the hawks under their rule is so that anything that comes out will have a chance to be swept under the carpet. Down with the ANC Down with Communism.

  • Sakkie - 2012-05-23 19:46

    If a prosecutor can be suspended for not following instuctions to stop an investigation, how are we ever going to ensure that the Hawks is independent because they can be stopped in investigative help, which is in the SAPS, collaboration which is in the government and prosecution which is also in the government. Lets hope for integrity because no amount of legislation is ever going to turn the tide. - 2012-05-24 09:37

      Sakkie these communists don't know what integrity means

  • Hilda - 2012-05-23 20:07

    And is it not the same Minister whose integrity is now questioned in the Mdluli saga. Go figure

  • Slick - 2012-05-23 22:51

    Just as expected. Why do you think they want to review the authority of the Con Court. Who appointed the Con Court Head Honcho?? Obviously this dude and his judge -mental puppets will block any further challenge on the Bill. Why is the Government considering amendments to the constitution... Think People think.... we are living under TYRANNY more and more daily!! As for the ability of the Minister of Police uhmmm I will rather shhhh... its just that bad!

      Slick - 2012-05-23 22:56

      Amazing they haven't renamed the Unit the "sparrows" because that's all they going to be ...tiny and ineffectual once again!!! F*%$*$#

  • Gert - 2012-05-24 07:26

    So the majority puppets were told to vote this way as to secure their undisturbed ride on the gravy train.

  • danny.levin.351 - 2012-05-24 09:44

    WTF? their current chief is corrupt, 12 of them have been charged with MURDER, ATTEMPTED MURDER, Kidnapping, Assult .. and now they are to report to the police? I mean, the likes of the three banditos CELE, Mkawanazi, MDludli and company will be in a position to tell the Hawks what to do? What a poor joke!

  • luke.dekoker - 2012-08-29 08:40

    "De Vos and others had argued that the unit could never be independent if it answered to the commissioner - a political appointee" Now what on earth is the police minister??, That office is just another CancER clone who will do anything to protect those corrupt (from the top clown to the expelled puppy)who we all want to see in jail!!

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