Madam Speaker, the ACDP believes that this is a sad day for all South Africans who hope that the fight against organised crime will eventually be won. There can be no doubt that disbanding the Scorpions will harm the fight against organised crime since the SAPS is not well- positioned or equipped to deal effectively with organised crime. Like most South Africans, we believe that the ANC's decision to disband the Scorpions was not motivated by the Scorpions' low success rate, but was rather motivated by the fact that the Scorpions had been too successful. It is outrageous that the Scorpions are being disbanded, in our view, to protect senior ANC members from investigation, particularly considering the escalating and highly complex nature of organised crime in our country. This nation cannot afford to lose highly experienced and trained investigators and analysts who will not be prepared to accept posts in the SAPS. Furthermore, there are serious concerns that the principle of constant prosecutorial oversight in investigations, which is the cornerstone of the success of the Scorpions, would be lost when the new unit replaces the Scorpions.
The acting head of the NPA, Adv Mpshe, has warned that the collapse of just a few of the cases of the Scorpions could bring South Africa's criminal justice system into disrepute and that the reckless disbanding of the Scorpions could devastate the whole criminal justice system. The ACDP agrees with him. In this regard, we regret that the NPA's proposal that a small transitional directorate deals with certain pending sensitive cases was not accepted. This will further increase public perceptions that the Scorpions are being disbanded to protect high profile politicians from being investigated.
Furthermore, complex cases such as Fidentia will be compromised if the experienced investigating and prosecuting teams are not retained. The Khampepe Commission recommended that the DSO should be retained within the NPA. This view was initially accepted by government. However, government then did an about-turn following the Polokwane conference and initiated legislation to disband the Scorpions. The Khampepe report categorically states that:
... the rationale for the establishment of the DSO is as valid today as it was at conception.
The DSO should continue to be located within the NPA. We also fully concede that Judge Khampepe highlighted various shortcomings with the Scorpions, but we also believe that the commission presented comprehensive and compelling solutions to these problems. The ACDP believes that the shortcomings identified by the Khampepe Commission could have been adequately addressed in the model 1 we supported without disbanding the unit.
Crucial to the success of the Scorpions was the degree of independence it enjoyed while falling under the NPA. Model 4, accepted by the ANC, whereby the new DPCI will fall under the SAPS, will not, in our view, provide any degree of independence. We have to ask how the new unit will continue the investigation and prosecution of suspended National Commissioner of Police Jackie Selebi as it will now fall under the control of the SAPS. We as parliamentarians must be mindful of Judge Khampepe's conclusion that: ... it is inconceivable that the legislature will see it fit to repeal the provisions of the National Prosecuting Authority Act that relate to the location and activities of the DSO.
The ANC is doing exactly what was considered by the learned judge to be inconceivable. Therefore, the ACDP will not support this legislation. [Time expired.] [Applause.]