Police Ministry:
POLICE MINISTRY'S OFFICIAL RESPONSE ON THE CONSTITUTIONAL COURT'S JUDGEMENT ON THE DPCI
The Ministry of Police has noted this morning's Constitutional Court's judgement that part of the national legislation that created the Directorate for Priority Crime Investigations (DPCI), known as the Hawks and disbanded the Directorate of Special Operations (DSO) known as the Scorpions, is constitutionally invalid.
The official position of the ministry is that we will study the judgement in its entirety, particularly as the judgement specifically referred to Chapter 6A of the South African Police Service Act. The Constitutional Court has suspended the findings for 18 months to allow government to rectify the legislation. We want to assure the public that we will adhere to this timeline.
The ministry will therefore not make any further pronouncements at this stage.
Statement issued by Zweli Mnisi, Spokesperson to the Minister and Deputy Minister of Police, March 17 2011
COPE:
COPE Welcomes Constitutional Court judgment on the Scorpions
The Congress of the People welcomes the judgment of the Constitutional Court handed down today, ruling the disbandment of the Scorpions unconstitutional and giving Parliament 18 months to rectify the issues it outlined.
COPE has, since its inception, has rightfully argued that the disbandment of the Scorpions was politically motivated and that its successor, the Hawks, were not sufficiently independent to effectively conduct their constitutional responsibilities.
Since the disbandment of the Scorpions due to political reasons, this country has seen an unprecedented run of corruption from state officials. Having the Hawks under the jurisdiction of the police gives corrupt elements within the current administration the green light to loot and pillage from state coffers with impunity.
COPE will seek clarity on cases that were pending further investigation by the Scorpions and prosecution by the National Prosecuting Authority. We are still of the opinion that the dissolution of the corruption busting unit was nothing more than a political move by embattled populists and opportunists, who through this unconstitutional act gained protection from prosecution, and a clear run to the highest offices in the land. COPE is of the view that all cases that were under investigation must now be re-opened by an independent and well-resourced investigative unit.
All South Africans should thank Hugh Glenister for his patriotism and selfless determination in seeing this matter through. We applaud his efforts as an example of active, engaged and democratic citizenship. His victory sends a clear message that in South Africa, even the President himself is accountable to the Constitution and the rule of law.
The Court's ruling is therefore a triumph of our constitution, and a vindication of COPE's founding vision of the Defence of our Constitution and Democracy!
Furthermore, we trust that Parliament will heed the Court's judgment and endeavour in all earnest to restore the independence, respectability and credibility of the Scorpions through its successor.
Statement issued by COPE President and Parliamentary Leader Mosiuoa Lekota, March 17 2011
COSATU:
COSATU respects Constitutional Court ruling
The Congress of South African Trade Unions respects today's judgement by the Constitutional Court that a section of the legislation that paved the way for the disbanding of the Scorpions and the creation of the Hawks was constitutionally invalid because it did not provide enough protection against political influence.
The Court found that Chapter 6A of the SA Police Service Act as amended was constitutionally invalid because the DPCI is insufficiently insulated from political influence in its structure and functioning.
COSATU calls upon Parliament and the government, as they have done in the past, to comply with the court's instruction to remedy the legislation within the next 18 months.
The federation welcomes the statement by the Directorate of Priority Crime Investigation (Hawks) that "criminals should not be under the impression that the Constitutional Court judgement eliminates the work of the Hawks. The unit's fight against corruption continues unhindered".
COSATU will continue to campaign for all role-players to continue and intensify the fight against corruption and has already welcomed the new ant-corruption initiatives in the Eastern Cape Health Department and the eThikwini municipality.
Statement issued by COSATU national spokesperson, Patrick Craven, March 17 2011
DA:
Scorpions: Constitutional Court verdict vindicates objections to Scorpions disbandment
The Democratic Alliance (DA) will closely study the Constitutional Court's ruling today on the application brought by businessman Hugh Glenister against the disbandment of the Scorpions. On face value, however, this ruling is a vindication of the DA's deep and longstanding concerns over the disbandment of the Scorpions - in terms of the effect of this decision on crime-fighting, its impact on the political independence of prosecution processes, and the profoundly flawed parliamentary process that was followed.
The Scorpions were enormously successful in their mandate of fighting crime and corruption. They achieved an unprecedented 94% conviction rate. There was no good reason for this unit to be disbanded, but it became clear that the ANC government, and particularly Mr. Zuma's followers, considered the Scorpions' effectiveness to be a profound threat. Mr. Zuma himself faced a high-level investigation by the Scorpions.
The decision to disband the Scorpions was political - a move that was designed to shut down investigations into ANC politicians, and to allow ANC politicians to continue to dispense patronage, as well as engage in corruption. It was one of the most abhorrent decisions this post-1994 Parliament has made.
The Hawks, a unit set up to replace the Scorpions, do not have the same power as the Scorpions did, and certainly not the same kind of results. We have documented why this is the case - that they lack political independence, adequate resources, and the necessary logistical expertise. The Constitutional Court said today: "The main reason for this conclusion is that the DPCI [Directorate of Priority Crime Investigation] is insufficiently insulated from political influence in its structure and functioning." The Court also called the new unit "vulnerable to political interference". This bears out precisely what we have been saying.
We supported Mr. Glenister's case, and lobbied vehemently ourselves against the decision to disband the Scorpions. We will carefully review the contents of the Court's decision, consider its implications for Parliament and for the Departments of Police and Justice, and will then provide a more comprehensive assessment of these matters.
Statement issued by Dianne Kohler Barnard MP, Democratic Alliance Shadow Minister of Police, March 17 2011
FF Plus:
DISBANDING SCORPIONS WAS A MISTAKE
"The Freedom Front Plus welcomes the judgment of the Constitutional Court that legislation which disbanded the Scorpions and established the Directorate for Priority Crime, i.e. the Hawks, should be amended or else the legislation would be unconstitutional. The Freedom Front Plus at the time argued that the decision to disband the Scorpions was merely a political decision and not a thoroughly considered decision. The Scorpions were needed precisely because it was more independent and could even investigate the Police properly, as was the case of Jackie Selebi. The Constitutional Court 's decision actually confirms that it had been a mistake to disband the Scorpions. The increasing abuse of power in the Police also requires that there should be more independence for the Hawks to investigate the Police," Mr. Pieter Groenewald, chief spokesperson on Police for the Freedom Front Plus said.
Statement issued by Mr. Pieter Groenewald, FF Plus Chief Spokesperson: Police, March 17 2011
IFP:
IFP VINDICATED BY CONCOURT DECISION ON SCORPIONS
The IFP today said that it and all other like-minded South Africans have been vindicated by the Constitutional Court ruling today which ruled that the legislation disbanding the Scorpions was essentially invalid and the Hawks is not sufficiently independent because it is vulnerable to political interference.
"Today's Constitutional Court ruling is indeed a great victory for our fledgling democracy," said Velaphi Ndlovu MP, the IFP's spokesperson on police. "From the outset, the IFP was vehemently opposed to the disbandment of the Scorpions. It was clear at the time that the ruling party was hell-bent on disbanding the unit because it had a political vendetta against them. Today's court judgment is proof that our constitutional democracy is safe in the hands of the Constitutional Court, when the actions of the ruling party threaten to undermine our young democracy," added Ndlovu.
Ndlovu said that the Court's decision comes at the time when the SAPS's leadership is again under the spotlight.
"We have seen worrying instances lately with regard to General Bheki Cele's leadership and the raid on the Public Protector's office, which again highlighted that the police cannot police itself. We applaud businessman Hugh Glenister for taking this fight to the Constitutional Court, and we look forward to the new legislation being tabled in Parliament, so that we can once again reinstate a Scorpions-style, successful, independent crime-fighting unit which must look after the interests of all South Africans and not only that of the ANC-elite," concluded Ndlovu.
Statement issued by Velaphi Ndlovu MP, IFP spokesperson on police, March 17 2011
UDM:
THE CONSTITUTIONAL COURT DECISION ON THE DISBANDMENT OF SCORPIONS
The United Democratic Movement (UDM) welcomes the Constitutional Court's decision on the controversial dissolution of the Scorpions. The UDM feels the decision to disband the Scorpions was laced with corruption which sole aim was to prevent certain leaders from facing criminal charges.
However, the onus is on the comrades in corruption to clean up their mess within 18 months. The UDM feels vindicated that it once warned the Country that the Polokwane lynch mob, which is running the Country, is not taking us anywhere. Instead, they are involved in a looting-spree of state resources. In addition, the Hawks have never been independent; they were just a smokescreen to squash the corruption charges of the ruling elite.
Statement issued by: Bantu Holomisa, UDM President, March 17 2011
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