27 July 2006
The South African Communist Party notes the decision of the South African Cabinet on the future location of the Scorpions. The SACP wishes to reaffirm its commitment to the strengthening of all organs dedicated to fighting crime in our country.
Whilst we welcome the decision to move the political oversight of the Scorpions to the Ministry of Safety and Security, it is our considered view that as matter of principle, prosecution and investigation are separate matters and should be treated as such in order to build the confidence of our people in our criminal justice system. This is to ensure that there is no possible abuse of these institutions and conflation of these functions. Ordinarily we would have thought that this is a basic elementary requirement for maintenance of rule of law, that investigators cannot simultaneously be prosecutors.
The SACP is extremely concerned that the separation of the functional location of the Scorpions from its political oversight structure is indeed an extremely clumsy arrangement. In our efforts to rid our society of crime and any wrongdoing, efforts that are well supported by the SACP, we must at all times act in a principled way, particularly given some of the past behaviour and court judgements against the Scorpions.
We are further disturbed by the inability of cabinet to fully act on the recommendations of both the Public Protector and the Hefer Commission on the behaviour of both the NPA and the Scorpions.
The SACP would like to urge Cabinet to swiftly act on these if we are to reinforce the respect of the rule of law.
To this end we hereby call for the full implementation of the ANC NGC resolution on the full incorporation of the Scorpions into the South African Police Service.
Issued by: SACP
Malesela Maleka
Tel: 011 339 3621
Fax: 011 339 4244
Mobile: 082 226 1802
Email: malesela@sacp.org.za