Glenister prepares for round 3 in Con Court over Hawks legislation
Hugh Glenister is preparing to return to the Constitutional Court, to argue that the amendments to the South African Police Amendment Act - known as the ‘Hawks Act' - do not meet that Court's criteria for an effective anti-corruption entity as laid out in the Glenister judgment of March 2011.
The Act was signed into law by President Zuma in September this year. Glenister submitted a notice of application to the Court today.
Glenister and his legal counsel have asked that the Court give the executive six months to remedy the legislation once again, and have suggested that a new entity with a specific mandate to combat corruption be established outside of the police service. Glenister says that this could be achieved in a number of ways, either through the creation of:
- a new Chapter 9 institution;
- a specialised unit within an existing Chapter 9 Institution (e.g. The office of the Public Protector or the Auditor General); or
- a free-standing legislated body which is not accountable to the National Commissioner, the Minister or the cabinet.
The SAPS Amendment Act was first passed into law in 2008, when anti-corruption unit, the Scorpions, was disbanded and replaced by the Directorate for Priority Crime Investigation, a new unit within the police service known as ‘the Hawks'.