Publication: Mail and Guardian Issued: Date: 2008-01-24 Reporter: Adriaan Basson

'Scorpions Did Not Target ANC'

 

Publication 

Mail and Guardian
Date

2008-01-24

Reporter

Adriaan Basson

Web Link

www.mg.co.za



What do you think of the ANC's decision that Scorpions' investigators should be incorporated into the South African Police Service [SAPS]?

You will understand that, as a loyal ANC member, I accept the outcome of the conference recently held in Polokwane.

In its wisdom, the ANC had previously decided to establish a specialised law enforcement machinery to help tackle the seemingly intractable problem of organised crime -- hence the birth of the Directorate of Special Operations [DSO], popularly known as the Scorpions. Now, in its wisdom again, the ANC has decided that the investigative component of the DSO should be incorporated into the SAPS.

You were minister of justice when the Scorpions were created. Why was there a need for this unit?

You will remember that at the time the DSO was established, everything was being tried to deal with crime in general and organised crime in particular.

It was clear to all of us that we had to create a specialised machinery to deal with organised crime. It was generally accepted that we would place such a mechanism under the NPA [National Prosecuting Authority] so that the investigations it conducted would be prosecutor-led.

I honestly can't remember anyone arguing against that at the time.

In your opinion, how did the DSO fare?

The law enforcement record of the DSO is there for all to see, with warts and all. I can say without any fear of contradiction that, despite all the known problems afflicting the DSO, the track record of the DSO justifies the intervention and the investment the ANC-led government made.

The daring DSO dared only where you would expect to find eagles and, at the very least, the otherwise comfortable nests of organised crime -- with their international linkages -- were ruffled! Over time, the ANC leadership has, however, reviewed its position with regard to the location of the DSO. It behoves every loyal cadre of the ANC to accept the position that has been adopted democratically.

It has been said that the Scorpions targeted ANC leaders. Do you agree?

There is an unfortunate tendency on the part of many opinion-makers and news-gatherers to focus mainly, if not only, on high-profile and sensational cases allegedly involving some ANC leaders who have been investigated by the Scorpions.

This has a clear distortional effect and lends credence to claims of conspiracies and targeting.

The work of the DSO during my term of office did not centre on ANC leaders. Any honest person can do a simple exercise and see what matters the DSO have investigated.

You will find that the majority of these cases were not about, and did not involve, ANC leaders at all.

The DSO, as a component of the NPA, reports to the national assembly annually and if there was a tendency to target innocent, law-abiding citizens without any probable cause, the national assembly would have held the NPA and the relevant minister accountable.

I can't remember any discussion in the national assembly of any political manipulation of the DSO. Nor was I ever asked any questions about that.

How will DSO investigators be incorporated into the SAPS?

I don't know how this will be done. Members of the DSO are not police officers. The relevant legislation will need to be amended, including the SAPS Act.

It is not as simple as taking them from one institution to another. Their salary structures and packages are different from those of the SAPS. I think government will handle all these questions.

Why did you decide to pay the Scorpions better than police officers?

The basic reason was that we wanted to attract to the DSO some of our finest young people and retain them. The basic requirement was for them to have a university degree. We accepted that remuneration packages had to be attractive.

Do you believe that apartheid security agents have taken control of the Scorpions?

It's not true that the DSO predominantly consists of apartheid-era personnel.

In fact, precisely because the SAPS was cobbled together out of the different apartheid-era police forces, including the old apartheid SAP, that accusation is much more appropriate to the SAPS.

The DSO did not recruit from the apartheid police forces -- that's nonsense. The few members with law enforcement experience who did come over were from the SAPS, not the SAP, which had, in any event, long ceased to exist.

In 1999 [when the DSO was established] the SAP, the Bophuthatswana Police, or KwaZulu Police, and all similar police forces were no longer there. Nobody said it was wrong to draw experienced people from the SAPS when creating the DSO.

If truth be told, it would have been impossible to do away with all the law enforcement agencies of the past -- then we would have had to do without any law enforcement agency.

Only a minority of DSO members were former policemen during my time. Most of them [Scorpions] were young people fresh from tertiary institutions.

The late Steve Tshwete [former minister of safety and security], Bulelani Ngcuka [former national director of public prosecutions] and I took them for training at the FBI and Scotland Yard and negotiated what we thought would be the best training programmes to give them the necessary skills. Only a few were drawn from the SAPS.

It would be a sad day for law enforcement if these young Scorpions leave the service of the state. One can only hope that their patriotism prevails upon them.

It would be a sad thing if an ANC resolution reduces our law enforcement capacity and expertise. But I don't think that is the intention of the resolution.

Maduna is the former minister of justice and constitutional development and served on the ANC's national executive committee until December 2007. He is currently a director at Bowman Gilfillan attorneys.

With acknowledgements to Adriaan Basson and Mail and Guardian.