The National Intelligence Agency (NIA) has launched a bizarre attack on the Scorpions, accusing the elite investigative unit of being “a threat to national security”.

The agency called for the unit, which has successfully prosecuted a string of high-profile ANC figures, including Tony Yengeni, Winnie Madikizela-Mandela and Schabir Shaik, to be brought under the control of the police.

This view is supported by Police Commissioner Jackie Selebi.

On Tuesday the Scorpions will begin the prosecution of fired Deputy President Jacob Zuma on two counts of corruption in the Durban High Court, a move that has angered many in the ruling party.

In a 32-page submission to the Khampepe Commission of Inquiry — which is currently hearing proposals on the future of the Scorpions — NIA Director-General Billy Masetlha said the elite investigative unit had become “a law unto themselves”.

Masetlha also charged that the unit:

•Interacts with foreign intelligence agencies to the detriment of national security;

•Is controlled by former apartheid prosecutors; and

•Leaks sensitive and classified information to the media.

The commission is hearing proposals about whether to disband the Scorpions, merge the unit with the police, or change its mandate.

A previous head of the National Prosecuting Authority — the Scorpions’ parent body — Bulelani Ngcuka, was forced to resign after a barrage of attacks against him by senior ANC figures.

At the commission this week, most non-governmental organisations said they were opposed to a possible merger of the Scorpions and the police.

The NIA, whose position was presented by Advocate George Bizos, appeared to favour the retention of the Scorpions as an independent entity.

However, the agency issued a statement on Friday — two days after it testified — saying it wanted the Scorpions relocated to the police and given a new mandate.

Earlier in the week, Justice and Constitutional Development Minister Brigitte Mabandla told the commission she no longer wished to be the political boss of the Scorpions, currently led by the present NPA boss Vusi Pikoli.

“The lack of co-ordination and co-operation between these agencies may undermine law enforcement, stability and security,” said Mabandla.

President Thabo Mbeki announced the creation of the Scorpions during his State of the Nation address in 1999, saying it would deal with all national-priority crimes, including police corruption.

This year he appointed the Khampepe Commission to decide on the future of the unit.

In July 2003 Mbeki said: “The task, and the specialisation that was required of the Scorpions, has not gone away.”

However, Mabandla said that the threat from serious crimes, while still requiring attention, had significantly diminished, to the extent that it was now opportune to reconsider the location of the Scorpions.

In its submission, the NIA accused the Scorpions and the NPA of being “inhibited by internal conflict, tension and division”.

It said most of the senior managerial and professional positions in the unit were occupied by whites, while blacks occupied junior positions.

“The DSO [Directorate of Special Operations, the Scorpions’ formal title] and the NPA, therefore, are in certain respects structures over which the old guard exerts undue influence,” said Masetlha.

The Scorpions will take the stand tomorrow to defend themselves and to argue that the unit should not be relocated.

Pikoli is likely to impress on Khampepe that the Scorpions have achieved a conviction rate of 94% — and that incorporation into the police service would hamper the unit.

But Pikoli could also acknowledge that the Scorpions have sometimes wandered into police territory.

The Scorpions are likely to argue that the problems of duplication and the mandate of the Scorpions could be resolved without the unit being relocated to the SAPS.

Pikoli is expected to take issue with Mabandla’s assertion that tension between the Scorpions, the police and the NIA showed their relationship had “irretrievably” broken down.

He might also rely heavily on a submission by National Intelligence Co-ordinating Committee head Barry Gilder, who told the commission that, since July this year, the Scorpions had shared the intelligence they gathered with other agencies.

“The [Scorpions] have contributed to the development of national intelligence estimates by providing input on issues of organised crime,” said Gilder.

Pikoli is also expected to tackle the police for being dishonest about their ability and capacity to deal with complex crimes, such as the Travelgate scandal.

With acknowledgements to Xolani Xundu, Wisani wa ka Ngobeni and the Sunday Times.