The ACDP believes that government has breached this obligation by reversing its decision on the Khampepe Commission report to further the narrow interests of the ruling party. By doing so we believe that government has sacrificed the wellbeing of all South Africans on the altar of political expediency.
There are many constitutional aspects to this matter. The Constitution imposes specific obligations on the executive and Parliament when it comes to enacting legislation that deals with combating crime. These are higher- order obligations that may not apply when government enacts legislation dealing with other matters, emphasising that government is not at liberty to play fast and loose with the security of its citizens.
It was common cause amongst all the parties in the Glenister application, including the government, that the Scorpions have been extremely successful in the fight against crime. The government has admitted that the DSO has scored significant successes in investigating and securing convictions in organised crime, and accepts that the DSO has made a significant difference in the fight against organised and syndicated crime. We are mindful of the shortcomings of the Scorpions, but believe these shortcomings are comprehensively dealt with by the commission of inquiry.
We cannot afford to lose the expertise built up over the years at great cost to the taxpayer. The tabling of the amendment to the legislation is resulting in the destruction of a unit that is valuable. There can be no doubt that the unit is being decimated. They have been specifically trained to combat organised crime and we cannot afford to lose more highly skilled employees.
The ACDP has grave concerns that the principle of constant prosecutable oversight and investigations that is the cornerstone of the success of the Scorpions will be lost if they are incorporated into the SA Police Service. This was the very reason for the creation of the Scorpions and other units outside the SAPS, because there wasn't enough capacity within the SAPS, such as the priority crimes unit, litigation units, asset forfeiture unit, etc.
I do wish to emphasise that we have a high regard for the SAPS, notwithstanding some of the problems they face in terms of capacity. Thank you. [Applause.]