Stop fiddling with the Hawks and bring back the Scorpions

Today the South African Police Service Amendment Bill was referred to the Police Portfolio Committee for consideration. The Bill is a result of a Constitutional Court ruling (the so-called Glenister Judgment) which found that the Directorate for Priority Crime Investigation (or "Hawks") was open to political interference by senior politicians and that this must be remedied in legislation.

The likelihood of political interference was always the DA's principal objection to the disbandment of the Directorate for Special Operations or "Scorpions" and its replacement with the Hawks. Whereas the Scorpions were situated in the National Prosecuting Authority (NPA), which enjoys constitutionally enshrined independence, the Hawks are situated in the Department of Police and are directly answerable to a Minister.

The track record of the Scorpions (at least under the politically independent Vusi Pikoli) speaks for itself. But besides the Scorpions' willingness to carry out investigations without fear or favour, their success was also due to a prosecutor-led approach to corruption-busting which led to an unprecedented 94% conviction rate.

For these reasons it makes sense for a corruption-busting unit to be based in the NPA and it is from this premise that the DA will begin studying the draft legislation. South Africans deserve an independent, effective and highly specialised, prosecution-driven anti-corruption unit like the Scorpions, not a watered down version answerable to a Minister, like the Hawks.

Corruption continues to undermine the goals of increasing growth, creating jobs and fighting poverty. It is in the best interest of the country and the public to bring back the Scorpions instead of simply fiddling with the Hawks.

Statement issued by Dianne Kohler Barnard MP, DA Shadow Minister of Police, February 29 2012

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