departments discuss plans for scorpions  
06 February 2008

The justice and safety and security departments have already began preparing the integration of the Scorpions into the South African Police Service (SAPS).  This is despite the fact that the legislative process to move the unit from the National Prosecuting Authority (NPA) has not begun.  Justice Minister Brigitte Mabandla’s spokesman, Zolile Nqayi, yesterday confirmed that talks on implementation of the African National Congress (ANC) decision to dissolve the Scorpions had begun at an interministerial and administrative level.

“The minister cannot challenge political decisions, so plans for the integration are being discussed,” Nqayi said.   It remained unclear if the government would consider the call by the Public Service Association (PSA) for consultation on the issue before implementation.

The trade union which represents the bulk of Scorpions investigators sent a letter to the director-general in the justice department last Friday, calling for a meeting.  The PSA said yesterday it did not intend to interfere in a political decision, but w as concerned about the welfare of members in terms of salaries and benefits. An “average” Scorpion investigator reportedly earns more than some senior police officers.

Political analyst Steven Friedman said yesterday that any talk of integration of the Scorpions into the SAPS was making a mockery of the country’s constitutional democracy.  “The Scorpions were created by an act of Parliament, and there has to be an amendment to the act to dissolve the unit. “Even if one assumes that the ANC is the ruling party and it can drive the process in Parliament, we are forgetting that before the matter is considered there has to be a public participation process. “The process has to agree with the decision to integrate the Scorpions into the SAPS. If not, and Parliament resolves on the matter, the Scorpions’ future could end up in the Constitutional Court,” Friedman said.

The decision to integrate the Scorpions was taken by the ANC at its conference in December. This came after continuous allegations that the elite crime-fighting unit was being used to grind a political axe, more especially in the build-up to the ANC presidential election in which President Thabo Mbeki was replaced by Jacob Zuma, who is facing corruption charges. Opposition political parties have come out against the Scorpions’ integration into the SAPS, and have threatened to take the matter to the Constitutional Court if the ANC rubber-stamped the move in Parliament.

The issue of the Scorpion s’ future was discussed in a meeting between Democratic Alliance leader Helen Zille and Mbeki at the Union Buildings last week. In the meeting, Mbeki broke his silence on the future of the Scorpions, evidently telling Zille that the government would abide by the constitution in any move that affected the unit. Friedman stressed that public participation was a key constitutional issue.  In this consultation process all, including political parties, interest groups and civil society, are invited to give their input, a move that could delay the process or even stop the ANC in its tracks.

Hajra Omarjee, www.businessday.co.za