ACDP questions involvement of MP's investigated by Scorpions

ATTENTION NEWS EDITOR **IMPORTANT **
MEDIA RELEASE BY MR STEVE SWART, MP,
AFRICAN CHRISTIAN DEMOCRATIC PARTY
22nd May 2008

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SCORPIONS HEARINGS – ACDP questions involvement of MP's investigated by Scorpions;
commends input by National Prosecuting Authority.

Following the first day of public hearings into the future of the Scorpions, ACDP MP and spokesperson on justice matters, Steve Swart, is questioning the involvement of MP's investigated by Scorpions and commends input by National Prosecuting Authority:

"The ACDP raised various issues during the first day of public hearings into the future of the Scorpions. We are awaiting a ruling from the joint chairpersons as to whether Members of Parliament who have been or are being investigated by the Scorpions should sit on the Committees dealing with the very future of the unit investigating them. In our view there is a clear conflict of interest and such members should be excused from the Committees.

We also raised our concerns that the bills under consideration exclude prosecutors from the new Directorate for Priority Crime Investigation within the SAPS. The principle of constant prosecutorial oversight in investigations formed the cornerstone of the success of the Scorpions. This crucial aspect will be lost if the bills in their present form are accepted, and flies in the face of the State President's commitment earlier this year that the "continued involvement of the prosecuting authority will ensure that the operations of the [new]specialised unit are both prosecution and intelligence driven".

The most compelling submission was by the National Prosecuting Authority which, whilst committing itself to ensure that government policy is implemented as successfully as possible, stated unambiguously that the bills "fail to set out in a coherent fashion a legal rationale, legislative aim, reasonable objectives, and sufficiently underlying reasoning and explanations for their foundation."

This view supports the ACDP's submission, to be presented on Thursday that the Bills are inconsistent with the principle of legality in that they do not have a rationale connection to a legitimate government purpose, especially considering the high success rate of the Scorpions, are thus unconstitutional and liable to be set aside.

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. We, as parliamentarians, must be mindful of the Khampepe Commission of Inquiry that concluded "it is inconceivable that the Legislature will see fit to repeal the provisions of the NPA Act that relate to the activities and location of the DSO."

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For more information, contact

Steve Swart MP,
083 285 6290
Released by Libby Norton,
ACDP Media Attaché,
Tel - 07 25 70 6361
lnorton@parliament.gov.za