The end of the road is in sight for the Directorate of Special Operations (DSO), or Scorpions, following the National Council of Provinces' nod on Wednesday to legislation disbanding the unit.
The two bills — the National Prosecuting Authority Amendment Bill and SA Police Service Amendment Bill — were approved in the National Assembly last month, which will now also have to approve minor amendments brought by the NCOP. It then remains only for President Kgalema Motlanthe to sign the bills into law. Introducing debate on the bills in the NCOP, Safety and Security Minister Nathi Mthethwa said that as South Africa progressed along the path of transformation, experience and insight was continuously gained about the nature of the "reality we seek to change". This necessitated a continuous evolution of crime fighting strategies, entities, arsenals and programmes, he said. A fight against organised crime "We have recognised that because of its nature, organised crime requires to be addressed through a multi-pronged well-equipped and resourced unit." Through the establishment of the new directorate for priority crime investigation (DPCI) [within the SAPS], "we shall take to a higher level our capacity to fight organised crime," Mthethwa said. Practice would reveal areas to be improved, but the collective experience, resources, commitment and unity of purpose that would already underpin the new unit would ensure a very firm and effective beginning. Mthethwa also repeated his assurance that none of the Scorpions' current cases would be lost once the bills were passed, and the DSO's investigations would be dealt with "as if the Act had always been in force". As in the National Assembly in October, opposition parties objected strongly to the legislation on the grounds it was a political decision and unconstitutional. Justice and Constitutional Development Minister Enver Surty dismissed this criticism and again cited Chief Justice Pius Langa's recent ruling in the Constitutional Court that "there is nothing wrong, in our multi-party democracy, with Cabinet seeking to give effect to the policy of the ruling party". New unit would retain a new approach "And you can put in brackets Polokwane, if you wish," Surty said. However, in so doing Cabinet had also to observe its constitutional obligations and not breach the Constitution. Surty said the new unit would retain a multi-disciplinary approach and employ an integrated methodology in dealing with organised crime. He also dismissed suggestions that most Scorpions investigators were leaving and said preliminary indications were that about 80 percent would move over to the new unit. "Now where is this myth, this fabrication that people are going to leave, that we're going to be deprived of the capacity and ability of people who have the experience "We certainly must do and we should do, whatever is necessary to ensure that we retain these skills," Surty said.
Sapa