9 October 2007
The South African Communist Party has over a considerable period of time raised, in a principled manner, the dangers and/or temptation to use (and abuse) state institutions for narrow factional battles in the liberation movement. These we have raised consistently from when allegations of treason were made against senior ANC leaders some five or six years ago by the police, the increasingly scandalous treatment of the ANC Deputy President, Cde Jacob Zuma, and the conduct of the Scorpions generally and moreover their ‘Hollywood style’ of operation, the issue of the Special Browse Mole Report, and now of late, a record of a meeting by the Scorpions.
In many instances all these issues have been attended to in a very unsatisfactory, and often secretive, manner and the actions taken have not helped but have created further confusion and doubt about the role and independence of some of the key institutions of our criminal justice system.
The South African public is still kept in the dark about the full report of the Khampempe commission which looked into the issues of the location and accountability of the Scorpions. In addition there has not been any arrests or further information on investigations relating to the Special Browse, despite the startling admission that this document emanated from within the state organs.
Certainly, as and when the public has raised serious concerns about the independence and role of our criminal justice institutions, all that we have received have generally been half-baked responses that are highly unsatisfactory.
The SACP remains largely concerned about the current developments surrounding the National Prosecution Authority and the suspension of the National Director, Adv Vusi Pikoli. These developments have indeed once more had a negative impact on the image of the institutions of our criminal justice system, their independence and credibility. The SACP is extremely concerned that all these developments continue to erode the confidence of our people in these vitally important state organs. The latest incidents, we believe, are a reflection of deeper malice and potential political abuse of state organs that is threatening to take root in our body politic.
It is for these reasons that we believe that a comprehensive look into all the key institutions of our criminal justice system is required, and not deal with these very serious matters in a piece-meal and fragmented fashion.
Like we said before, we call on our people to be vigilant and safeguard our own democracy by ensuring that there is consistency and transparency in the application of the rule of law.
As the SACP we would have appreciated an in-depth investigation into the mode of operations of the Scorpions and their relationship with the police.
Whilst we might have preferred that the inquiry into the Pikoli suspension be conducted by a judicial officer, we call for a speedy conclusion of the current inquiry and that it is conducted transparently in full public view. Strengthening the processes underpinning the rule of law in our country cannot be a secretive process.
To safeguard our 13-year-old democracy, it is the duty of the working class and the poor in the first instance, to rise up to the defense of our institutions. We cannot allow our institutions of criminal justice, be they the courts, the police and the prosecuting authorities to be manipulated and abused for narrow political gains. As we have said before our organs of the criminal justice system should not be subjected to the manoeuvres of ‘palace politics’.
Issued by the SACP
For comment contact:
Malesela Maleka
SACP Spokesperson – 082 226 1802