Publication: Cape Times Issued: Date: 2005-10-03 Reporter: Sheena Adams

Judge to Rule Today on Whether Scorpions Inquiry Will be Held Behind Closed Doors

 

Publication 

Cape Times

Date

2005-10-03

Reporter

Sheena Adams

Web Link

www.capetimes.co.za

 

Judge Sisi Khampepe, who is heading an inquiry into the future of the Scorpions special investigating unit, is likely to rule today whether the commission will be held in camera.

Commission spokesperson Kaizer Kganyago said yesterday that the South African Police Service's objection to the hearings being in public would be the first item at the inquiry's two-week sitting, which begins this morning near Pretoria.

He said organisations including the National Intelligence Agency, the justice department and the Scorpions would take part in the oral hearings.

The one-person commission of inquiry headed by Khampepe, a Johannesburg High Court judge, was established in April by President Thabo Mbeki.

It is to look at the rationale behind the establishment of the Directorate of Special Operations and whether it should remain in the department of justice. The commission is also reviewing the legislative framework governing the directorate.

A powerful lobby in the ANC, including police commissioner Jackie Selebi, is believed to want the Scorpions to fall under the police, while others want it to remain independent.

There have been allegations that the high-profile investigative unit has made several enemies in the ruling party because of investigations including the Travelgate inquiry and the corruption and fraud investigation into former deputy president Jacob Zuma and his financial adviser Schabir Shaik.

Kganyago said although the Commissions Act said such inquiries should be held in public, there was provision to allow the presiding judge some discretion in deciding whether to hold hearings in private.

The DA's justice spokesperson Sheila Camerer said yesterday that it was "outrageous" that the police wished to hold the hearings in camera.

"The police's attitude bodes ill for the future of the Scorpions should the decision go against the NPA. Not only do the police want to clip the Scorpions' wings, but they also do not want their motives disclosed.

"As the official opposition, one of the DA's main functions is to hold government to account and exercise its oversight role. We must insist on transparency of government's actions. How can we fulfil our role if evidence is heard and decisions taken behind closed doors, away from public scrutiny?" she asked.

Camerer added that the party intended contacting the commission today to ask that it be included in the hearings and also for permission to make a submission on the "in camera issue".

"Like other political parties, and even ANC politicians such as Kader Asmal, the DA has made submissions to the Khampepe commission in which we have argued strongly that the Scorpions should remain where they are - with the NPA - to ensure the continuation of effective prosecution-led investigation of major crimes," she said.

With acknowledgements to Sheena Adams and the Cape Times.