Chairperson, Minister, hon members, the two Bills presented before this House today propose the disbanding of a unit, the Directorate of Special Operations, DSO, better known as the Scorpions, who represent world-class standards in institutional independence and operational efficiency. [Interjections.]
The intention is to replace this unit with a unit called the Directorate for Priority Crime Investigation, DPCI, that will be substantially exposed to direct executive control and located within an institutional department not known to be conducive to or appropriate for the kind of high-level, specialised and professional expertise that characterises the Scorpions' investigations.
The effect of this legislation will be to deprive the National Prosecuting Authority, NPA, of its ability to investigate independently, without fear, favour or prejudice, allegations relating to organised crime and corruption, as it will henceforth be dependent on the SAPS for investigations essential to the prosecution process. In a nutshell, the Minister of Safety and Security and the ruling party will therefore have the final say as to who will or will not be investigated by the SAPS, upon whose investigation the NPA will be dependent for successful prosecutions.
This will, in effect, create the possibility that certain people will be placed above the law. The fact that the National Prosecuting Authority Amendment Bill accepts the retention of the investigating directorate within the NPA is implicit recognition that the proposed de-establishment of the Directorate of Special Operations, DSO, reflects a political rather than any rational, legal or operational imperative. [Interjections.]
The Khampepe Commission's recommendations would substantially and adequately have addressed any legitimate concerns relating to the DSO - some minimal cosmetic surgery, not amputation or the removal of the heart and limbs, as is now proposed. The Khampepe Commission that investigated the DSO and its relationship with the SAPS and the Department of Justice recommended that the unit be retained.
The ANC, however, is still perpetuating the single police force argument, which was rejected by the Constitutional Court in the Potsana case. The so- called provincial hearings, where cadres and comrades were bussed in at a cost of some R2 million, were also a farce and a means of electioneering at the taxpayers' expense. [Interjections.] Already some 60 members of the Scorpions, comprising advocates, forensic auditors and specialist investigators, have resigned.