Draft Scorpions Bill blatantly sidelines the public
The Democratic Alliance (DA) is working tirelessly to ensure that members of the public are able to make their views heard on the process which seeks to disband the Scorpions. It is clear from numerous opinion surveys that the majority of South Africans are opposed to this short-sighted decision; at the very least they should be afforded sufficient opportunity to voice their opposition to this move, and every action should be taken to ensure that this is the case.
It is clear however, that the government - conscious of the widespread opposition to the decision to disband the Scorpions - is determined to limit the scope of the public participation process. This is evidenced by two factors: firstly, the draft bill itself is exceedingly difficult to obtain, thus limiting the opportunity for members of civil society to study and comment on it. It is not available on the relevant government websites and obtaining a copy from the government printer has proved virtually impossible. If the official opposition in Parliament has had tremendous trouble obtaining a copy of the bill, it is not hard to imagine how difficult it will be for ordinary members of the public to do so. This effectively restricts their ability to fully participate in the process.
Secondly, and unusually, the bill makes no provision for the submission of public comment. It is normal practice for draft legislation to include contacts to which members of the public may send their comment on the legislation - however there are no contact details included in the draft of the Bill gazetted on Friday. It is clear from the absence of such information that the Minister of Safety and Security, Charles Nqakula, is not committed to soliciting public input on this matter, and is instead intent on placing the entire burden of managing the public participation process on the Portfolio Committee on Safety and Security.
In addition to this extra burden, the portfolio committee's agenda indicates that public hearings will begin on 11 June, which only gives just over three weeks for notices to be posted and submissions to be made. Even then only 5 days have been set aside for the public hearings themselves. This timetable is a disgrace given how important this legislation is to the fight against crime; at an absolute minimum 30 days should be set aside to gather public comment and input.
The government is showing a remarkable disdain for the people of South Africa, firstly by agreeing so meekly to proceed with the politically motivated decision to disband the Scorpions, and secondly by putting every imaginable hurdle in the way of the public participation process. The Constitutional Court's ruling in Doctors for Life International v Speaker of the National Assembly and Others illustrated that it will not tolerate a watered-down public participation process. Based on the current lack of provision for public consultation, it is therefore clear that government and Parliament are leaving themselves open to a Constitutional Court challenge, something which the DA will seriously consider pursuing itself if the current situation remains unchanged.
Statement issued by Dianne Kohler Barnard MP, DA spokesperson on safety and security, May 1 2008
