South Africa: CSOs want support for Scorpions

Civil Society statement

17.03.2005

"As organisations within civil society that are concerned with enhancing transparency and accountability of both our public and private institutions we would like to have our voices heard on the matter of whether the Directorate of Special Operations (DSO) or the "Scorpions" should be moved from the National Prosecuting Authority to the South African Police Services. We believe that to date the Scorpions have played an invaluable role in successfully tackling highly complex criminal cases in South Africa. They have demonstrated that they possess the will and capacity to investigate serious allegations of criminality and corruption without fear or favour. In doing so they have provided the public with the reassurance that even criminals at the highest levels of government and commerce can be held accountable for their actions. The Scorpions have done much to give us hope that in South Africa no one is untouchable and we can achieve the constitutional vision that all shall be equal before the law."

Civil Society Organisations Call to Support Rather Than Interfere With the Scorpions

For immediate distribution

Sunday 06 March 2004

Issued by: (contact details follow at the end of the document)

Benchmarks Foundation of Southern Africa for CSR

Center for the Study of Violence and Reconciliation

Institute for Democracy in South Africa (IDASA)

Institute for Security Studies (Crime & Justice Programme)

Institute for Security Studies (Organised Crime and Corruption Programme)

Open Democracy Advice Centre (ODAC)

SANGOCO

Transparency South Africa

Civil Society Organisations call to support rather than interfere with the Scorpions

As organisations within civil society that are concerned with enhancing transparency and accountability of both our public and private institutions we would like to have our voices heard on the matter of whether the Directorate of Special Operations (DSO) or the "Scorpions" should be moved from the National Prosecuting Authority to the South African Police Services.

We believe that to date the Scorpions have played an invaluable role in successfully tackling highly complex criminal cases in South Africa . They have demonstrated that they possess the will and capacity to investigate serious allegations of criminality and corruption without fear or favour. In doing so they have provided the public with the reassurance that even criminals at the highest levels of government and commerce can be held accountable for their actions. The Scorpions have done much to give us hope that in South Africa no one is untouchable and we can achieve the constitutional vision that all shall be equal before the law.

The success of the Scorpions is in no small part due to their current location and structure. The debate on the future of the DSO has become characterised by apparent ‘pro' and ‘anti' Scorpions camps. This has however drowned out an issue that we believe is central to this discussion. The Act which governs the activities of the Scorpions requires the establishment of an inter-ministerial co-ordinating committee (Section 31), responsible for the criminal justice system, to co-ordinate the activities of the DSO and other state law enforcement agencies. Our understanding is that progress in this regard has been notoriously slow. This was highlighted in a report by the Public Protector on the DSO's investigation of Deputy President Zuma in mid-2004. Reports from the field however paint a different picture and indicate that SAPS and DSO officials co-operate well on individual cases. A notable example is the good work of the corruption busting Joint Anti-Corruption Task Team in the Eastern Cape (the DSO and SAPS are key partners in this). If the problem is therefore one of co-ordination between the political heads of institutions then this should be the purpose of a discussion on the future role of the Scorpions and not questions regarding its future existence. We believe it is imperative to improve co-ordination – but not to weaken the capacity of the Scorpions in the process. This should be the mandate of the proposed commission – above all else.

While we appreciate the hard work and success that the SAPS have achieved in tackling crime generally, the Scorpions focus on particularly complex types of crime and corruption. Their independence has allowed them to use innovative approaches to investigative work. Moreover, they are able to pay higher salaries and are thereby in a better position to attract and retain highly skilled staff members. In addition – we believe that moving the DSO from the NPA would effectively remove the sting from the Scorpions. The DSO is unique in that it can analyse, investigate and prosecute. This will not be constitutionally possible should the DSO form part of the SAPS or another state agency – and would effectively strip them of a key competency. We believe that moving the Scorpions would negatively affect their ability to tackle our country's most powerful and sophisticated criminals.

Attempts to undermine the Scorpions will ultimately benefit those involved in crime and corruption. Pressure is now required at the highest levels of political power to withstand efforts aimed at weakening their effectiveness. This would be in line with the governments repeatedly stated intention to tackle crime and corruption. Strengthening and supporting the Scorpions and other anti-corruption agencies, including the SAPS, rather than taking action that could lead to their demise is a crucial test of this commitment.

We call on the President and the Cabinet to ensure that a proposed commission should focus on improving the effectiveness of the DSO and other anti-corruption agencies. Thereby re-affirming this governments commitment to allow state agencies to tackle corruption without fear or favour.

Contact Details of Organisations:

Benchmarks Foundation of Southern Africa for CSR

John Capel

082 874 2650

Center for the Study of Violence and Reconciliation

Gareth Newham (Project Manager)
(011) 403-5650

Institute for Democracy in South Africa (IDASA)

Judith February (Manager - PIMS)

(021) 467 5600; 0834539817

Institute for Security Studies - Crime & Justice Programme
Anton du Plessis (Programme Head)
(012) 346 9500; 0833258649

Institute for Security Studies - Organised Crime and Corruption Programme

Hennie van Vuuren (Senior Researcher – Anti-Corruption)
(021) 461 7211; 082 9021303