SA Crime Quarterly - Volume 2012, Issue 39, 2012
Volumes & issues
Volume 2012, Issue 39, 2012
Author Chandre GouldSource: SA Crime Quarterly 2012, pp 1 –2 (2012)More Less
Relationships can seldom survive failed expectations, and the greater the distance between what was expected and what comes to pass, the greater the feeling of betrayal. So too it is in the relationship between a government and its citizens. Ruling political parties are often stubbornly resilient to the consequences of failed expectations. However, after the Arab spring, and even the riots in England during 2011, it is difficult not to believe that, amongst other things, the democratising effect of instant communication through social networking will undermine that resilience and force those in power to be more responsive to dissatisfaction amongst the electorate.
Source: SA Crime Quarterly 2012, pp 3 –10 (2012)More Less
In 1999 a new directorate of the National Prosecuting Authority was launched to 'complement and, in some respects, supplement the efforts of existing law enforcement agencies in fighting national priority crimes'. Over the following seven years the Directorate of Special Operations, nicknamed the 'Scorpions', gained public favour; however, they were accused of, amongst other things, exceeding their jurisdiction by performing functions that fell outside their mandate. During the African National Congress conference of 2007, delegates took a decision that the Scorpions should be disbanded. In 2008, Parliament passed the South African Police Service Amendment Bill that replaced the Scorpions with the Directorate for Priority Crime Investigation, located within the South African Police Service. In 2010 this move was challenged in Hugh Glenister v President of the Republic of South Africa & Others [CCT 48/10]. The key question in this case was whether the national legislation that created the Directorate for Priority Crime Investigation, known as the Hawks (DPCI), and disbanded the Scorpions, was constitutionally valid. In March 2011 the Constitutional Court ruled that the legislation establishing the Hawks was unconstitutional and 'invalid to the extent that it fails to secure an adequate degree of independence for the Directorate for Priority Crime Investigation.' The Court gave the government 18 months to rectify the situation. This article provides an overview of the decisions that led to the formation and closure of the Scorpions, and the formation of the Hawks.
Source: SA Crime Quarterly 2012, pp 11 –21 (2012)More Less
This article analyses the majority and minority positions in the Constitutional Court's Glenister v President of the Republic of South Africa and Others decision. It will identify the main differences in approach to the issue of the political 'independence' of an investigative agency such as the Directorate for Priority Crime Investigation (the Hawks), and its predecessor, the Directorate of Special Operations (Scorpions). The article assesses what 'room for manoeuvre' in terms of possible legislation the majority judgment leaves to the South African parliament. The Court's approach and these apparent requirements are compared with current provisions for political 'independence' of anti-corruption agencies in Australia and Indonesia, raising, in particular, an assessment of the arguments for and against (a) the need for an anti-corruption investigative agency to be separate from the 'regular' police and prosecution service; and (b) the proposition that an anti-corruption investigative agency requires a higher level of political independence than the 'regular' police service(s). It also looks at issues of cost and effectiveness in establishing and maintaining dedicated independent anti-corruption agencies.
Author Christopher ReevesSource: SA Crime Quarterly 2012, pp 23 –32 (2012)More Less
Last year, the Constitutional Court held that the state has an obligation to establish and maintain an independent anti-corruption entity and that the Directorate of Priority Crime Investigation (DPCI), which is located within the South African Police Service (SAPS), does not have an adequate degree of independence. A Bill has recently been introduced in the National Assembly to address the issues raised in the judgment. In accordance with the proposed amendments, the DPCI would remain part of the SAPS. This article argues that this is a mistake and that a wholly separate anti-corruption entity should be established. It also examines the legal and institutional framework required to establish an effective, specialised anti-corruption entity through a comparative analysis of other anti-corruption agencies.
Author Irvin KinnesSource: SA Crime Quarterly 2012, pp 33 –39 (2012)More Less
The Directorate for Priority Crime Investigation (DPCI), commonly known as the 'Hawks', is currently at a crossroads. The Constitutional Court judgment in Glenister vs the President of South Africa and Others has called into question the Directorate's continued existence in its current form. One of the most important questions raised by the Constitutional Court judgment is whether the DPCI can be sufficiently independent while located within the SAPS. This article presents arguments in support of the view that separating the unit from the SAPS is essential to build public confidence in the unit and to meet the requirements of the judgment.
Source: SA Crime Quarterly 2012, pp 41 –46 (2012)More Less