private court bid to rescue scorpions
20 March 2008 

A Johannesburg businessman filed an urgent application in the Pretoria High Court, seeking to prevent the government from enacting legislation to dissolve the Scorpions, ahead of their incorporation into the police.  Calling himself a “concerned citizen”, Hugh Glenister argued the proposed plan would violate citizens’ rights since Parliament would be used in a “reckless desire” to destroy a functioning institution.

“The mere act of initiating legislation to disband the Scorpions would mean that, come June, there won’t be an agency left to merge with the police,” he said.  Glenister said initiating legislation would bring about the de facto destruction of the Directorate of Special Operations (DSO) long before the legislation was enacted.

Many of its members would seek other employment once legislation to dissolve the Scorpions was initiated.  “One would hope that sanity will prevail and we will, in the process, raise public response on the issue,” said Glenister.  The respondents include President Thabo Mbeki, Safety and Security Minister Charles Nqakula, Justice Minister Brigitte Mabandla and National Assembly speaker Baleka Mbete.

Presidential spokesman Mukoni Ratshitanga was not aware of the legal process yesterday. “I am hearing about it for the first time,” he said. Nqakula’s spokesman, Trevor Bloem, said it was too early to comment.   Although the opposition Democratic Alliance expressed support for Glenister, he denied association with any political party. “I am saddened by the current group of individuals who seem to have forgotten that it is the people that they represent,” he said.

Advised by the law firm Wertheim Becker, Glenister maintained that since its inception seven years ago, the Scorpions had been successful in combating crime, notching up conviction rates of about 85% between 2004 and 2008.  Glenister has filed an online petition, on the website www.mypetition.co.za, aimed at gauging the public’s views on the planned disbandment of the Scorpions. He said 28000 signatures had ben received to date. There is also an SMS campaign through which interested people can express their views.

Glenister alleges the decision to incorporate the Scorpions into the police originated from the ANC because the DSO had been “too effective” in investigating high-profile members of the party. He said this showed that “governmental conduct is not rationally connected to a legitimate governmental purpose” and is therefore unconstitutional.  Incorporating the Scorpions into the police would harm the fight against crime since the police service was “not well positioned” to perform functions of the sort that the DSO did.

Wilson Johwa, www.businessday.co.za