The justice and safety and security departments have already began preparing
the integration of the Scorpions into the South African Police Service (SAPS).
This is despite the fact that the legislative process to move the unit from the
National Prosecuting Authority (NPA) has not begun.
Justice Minister Brigitte Mabandla's spokesman, Zolile Nqayi, yesterday
confirmed that talks on implementation of the African National Congress (ANC)
decision to dissolve the Scorpions had begun at an interministerial and
administrative level.
"The minister cannot challenge political decisions, so plans for the integration
are being discussed," Nqayi said.
It remained unclear if the government would consider the call by the Public
Service Association (PSA) for consultation on the issue before implementation.
The trade union which represents the bulk of Scorpions investigators sent a
letter to the director-general in the justice department last Friday, calling
for a meeting.
The PSA said yesterday it did not intend to interfere in a political decision,
but was concerned about the welfare of members in terms of salaries and
benefits.
An "average" Scorpion investigator reportedly earns more than some senior police
officers.
Political analyst Steven Friedman said yesterday that any talk of integration of
the Scorpions into the SAPS was making a mockery of the
country's constitutional democracy.
"The Scorpions were created by an act of Parliament, and there has to be an
amendment to the act to dissolve the unit.
"Even if one assumes that the ANC is the ruling party and it can drive the
process in Parliament, we are forgetting that before the matter is considered
there has to be a public participation process.
"The process has to agree with the decision to integrate the Scorpions into the
SAPS. If not, and Parliament resolves on the matter, the Scorpions' future could
end up in the Constitutional Court," Friedman said.
The decision to integrate the Scorpions was taken by the ANC at its conference
in December.
This came after continuous allegations that the elite crime-fighting unit was
being used to grind a political axe, more especially in the build-up to the ANC
presidential election in which President Thabo Mbeki was replaced by Jacob Zuma,
who is facing corruption charges.
Opposition political parties have come out against the Scorpions' integration
into the SAPS, and have threatened to take the matter to the Constitutional
Court if the ANC rubber-stamped the move in Parliament.
The issue of the Scorpion s' future was discussed in a meeting between
Democratic Alliance leader Helen Zille and Mbeki at the Union Buildings last
week.
In the meeting, Mbeki broke his silence on the future of the Scorpions,
evidently telling Zille that the government would abide by the constitution in
any move that affected the unit.
Friedman stressed that public participation was a key constitutional issue.
In this consultation process all, including political parties, interest groups
and civil society, are invited to give their input, a move that could delay the
process or even stop the ANC in its tracks.
With acknowledgements to Hajra Omarjee and Business
Day.
*1The country gets onto its slippery
slope towards porridge.
In general, this ANC government has taken just three election cycles of some 15
years to take a first world country back to a developmental state and finally to
the common or garden variety of third world state.
Transformation, indeed. Renaissance, indeed.
But the skills of the next government are going to raise the level of
achievements even higher.