Judge Sisi Khampepe yesterday threw out a South African Police Service (SAPS) application for its submission on the future of the elite Scorpion unit to be held in camera, saying the applicant had not advanced cogent and compelling reasons.

The one-woman commission, established by President Thabo Mbeki after fallouts between the unit, the police and senior politicians, is taking oral submissions in Pretoria until Friday next week.

The SAPS had requested an in-camera hearing, citing the sensitivity of some of the topics it intended to deal with.

After its application was dismissed, the SAPS began its presentation by arguing that Scorpions investigators should be relocated to the police.

Counsel Philip Jacobs argued that there was a duplication of work done by the Scorpions and the police. “Since the inception of the (Scorpions), the SAPS continues to investigate all types of priority crimes, including serious violent crimes, organised crime and economic offences. During that time the SAPS continued to investigate the bulk of priority crimes, with the (Scorpions) dealing with a minute percentage thereof.”

Jacobs said the police had been successful in reducing the crime rates every year.

He said the successes of the SAPS commercial branch, similar in size to the Scorpions, greatly overshadowed the successes of the Scorpions, while the police did not have the “luxury to pick its investigations”.

“Taking into account the history of the Scorpions, and the factors leading to its establishment, it is clear that it was intended as a temporary measure, and not a permanent structure.”

Jacobs also questioned the placement of the unit under the control of the justice ministry.

“The justice minister, in terms of the constitution, is not a minister with responsibilities in respect of intelligence functions or policing functions …”

The minister responsible for intelligence and police must have the power to determine priorities and threats to the country.

With acknowledgements to Ernest Mabuza and the Business Day.