The DA has argued for the independence of the Scorpions to be "jealously guarded" in its submission to a commission of inquiry set up to decide the unit's future, saying removing them from the NPA would be their downfall.

DA justice spokeswoman Sheila Camerer said yesterday that the Scorpions "by definition" were the investigating arm of the National Prosecuting Authority (NPA).

"If the Scorpions were to be placed within the SAPS or any other entity, then they would in essence cease to be the Scorpions. Removing them from the NPA would remove the prosecution-led aspect, which is the key to the Scorpions' success," she said.

The one-person commission of inquiry, headed by Johannesburg High Court Judge Sisi Khampepe, was appointed in April by President Thabo Mbeki. Its brief was to look at the rationale behind the establishment of the Directorate of Special Operations (the Scorpions) and whether it should remain in the department of justice. The commission is also reviewing the legislative framework governing the directorate.

Written submissions from the public were called for earlier this year and the deadline was last Friday. Commission spokesman Kaizer Kganyago could not be reached, however, to confirm whether public hearings would now be held as anticipated.

He is on record as saying that the judge could decide to call people to make oral representations following any affidavits submitted and was apparently waiting to see the nature of the submissions before deciding on whether to hold the inquiry in public.

Khampepe is to report back to Mbeki by August.

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

The Scorpions have also made powerful enemies, often because of their high-profile investigations, including Travelgate and the corruption and fraud investigation into former deputy president Jacob Zuma, and his financial adviser Schabir Shaik.

Camerer said in the statement that the Scorpion's "troika system" - which saw prosecutors, investigators and intelligence operatives working together - had led to "dramatic successes" since the Scorpions' inception.

"The Scorpions' success has also largely been as a result of its ability to attract and retain highly skilled and trained personnel, who by necessity have to be paid higher salaries than those in the SAPS. A similar salary structure could not be incorporated within the SAPS and this is one of the fundamental reasons why the Scorpions cannot be incorporated into the SAPS.

"Issues relating to accountability and so-called turf wars between the Scorpions and the SAPS centre on executive failure. The amended National Prosecuting Act, 31 of 1998, makes specific provision for a ministerial committee to develop policy guidelines for the Scorpions and for proper coordination between it and other law enforcement agencies," she said.

This committee, however, had failed to meet up until 2004, she added, and even then the only decision taken was to establish the commission.

With acknowledgements to Sheena Adams and the Cape Times.