All eyes will be on the Scorpions today as the elite investigating unit presents its case to the Khampepe commission in Pretoria on why it should remain under the control of the National Prosecuting Authority.

Scorpions head Leonard McCarthy and national director of public prosecutions Vusi Pikoli were at the commission last week when the police and the National Intelligence Agency (NIA) argued for the unit to be relocated and its mandate changed.

Justice Minister Brigitte Mabandla also told the commission that the lack of co-operation and coordination between the police and the Scorpions might undermine law enforcement and security in SA.

The case for retaining in their present form the Scorpions, formally known as the Directorate for Special Operations (DSO), was supported only by a research body and a human rights organisation.

The commission was appointed by President Thabo Mbeki to examine the Scorpions’ mandate and its relationship with other security and intelligence bodies.

It will recommend which agency or government department should control the unit.

In his submission to the commission, NIA director-general Billy Masetlha said the agency’s preferred option was to relocate the Scorpions and change its mandate.

“This option will go a long way in not only improving oversight and control, but also ensuring that functions are performed in a co-ordinated manner among statutory structures,” Masetlha said.

He said the Scorpions was a new institution with no capacity for intelligence.

Masetlha said the Scorpions had insufficient policies to regulate its activities and ensure accountability.

The Institute for Security Studies said it would caution against repositioning the Scorpions because of the controversy over some of its decisions.

“Such controversy cannot be avoided, and the fact that the (Scorpions) has demonstrated unequivocally that it has the will and capacity to investigate and prosecute individuals of the highest profile is of importance in building confidence in the institutions of law in SA,” the institute’s senior researcher Antony Altbeker told the commission.

The Foundation for Human Rights said the merging of the Scorpions with the special investigative units of the police would have a harmful effect on the ability of SA to combat organised crime.

“The benefits of the separate existence of the DSO within the (prosecuting authority) far outweigh the disadvantages associated with duplication of efforts and resources, which can be addressed through improved coordination and planning,” the foundation’s counsel Howard Varney said.

He said neither the Scorpions nor the police should enjoy a monopoly over investigating commercial and organised crime.

“There is more than enough commercial and organised crime to keep both organisations busy for many years to come,” he said.

The foundation said the resources and reach of the police exceeded those of the Scorpions.

“The DSO will never be able to handle the cases facing the (police’s) commercial branch and the organised crime unit,” Varney said.

The African National Congress Youth League said yesterday that the Scorpions was nothing but a “private army”, and said Pikoli did not have control over the unit.

Youth League president Fikile Mbalula said the Scorpions had been “hijacked” by elements from the old order.

“Former apartheid operatives have taken over the DSO, and they are running the country like a banana republic,” Mbalula said.

He said the constant leaks about developments in high-profile cases were an example of how justice was being perverted.

“Already we hear that the case against Jacob Zuma is going to be postponed, even before he has appeared in court. How do they explain this?” he asked.

Zuma will appear in the Durban High Court on charges of corruption tomorrow.

The league has claimed that the prosecuting authority was conducting a political trial against Zuma, and was part of a campaign to dent his chances of succeeding Mbeki.

Mbalula lashed out at what he termed were “unfair comparisons” between the success rate of the Scorpions and the South African Police Service (SAPS).

“If you look at serious crime like murder and robbery, the SAPS have had many successes. For us, it’s not whether the Scorpions are fighting against corruption, the issue is control,” he said.

The crime fighting unit has made powerful enemies while investigating people connected to the ruling party.

These include Zuma; former ANC chief whip Tony Yengeni who was convicted of defrauding Parliament; former ANC Women’s League leader Winnie Madikizela-Mandela; ANC Northern Cape leader John Block, who confessed to using public funds for his private use; and several ANC MPs implicated in Parliament’s Travelgate saga.

With acknowledgements to Ernest Mabuza, Karima Brown and the Business Day.