The Directorate of Special Operations (also, DSO or Scorpions) was an independent multidisciplinary agency that investigated and prosecuted organised crime and corruption. It was a unit of The National Prosecuting Authority of South Africa. Its staff of 536 consisted of some of the best prosecutors, police, financial, forensic and intelligence experts in the country.
The ANC decided to merge the Scorpions with the SA Police Service following the Khampepe Commission by June 2008, reducing their power.[2] The disbandment was recommended by South Africa's minister of safety and security, Charles Nqakula.[3]
The decision was controversial, and was opposed by a majority of South Africans[4] and interest groups ranging from opposition parties to organised business.[5] The Democratic Alliance has accused the ANC of merging the Scorpions with the South African Police Service in order to subvert investigations into the SA Police and protect corrupt ANC officials.[6][7][8]
On 23 October 2008, the South African parliament officially abolished the Scorpions.[9] The vote was 252 in favour with 63 against. Preparations were made for the remaining Scorpions members to start work in the Police's Directorate for Priority Crime Investigation (DPCI).[10] This unit is known as the Hawks.[11]
Subsequently, the Hawks shut down the probe the Scorpions had been conducting into bribery among Zuma allies in a multibillion-rand arms deal.[12]
Constitutional Court ruling
The South African Constitutional Court ruled that the legislation, which replaced the Scorpions crime fighting unit with the Hawks, was “constitutionally invalid”. The reason being that the Hawks are “vulnerable to political interference.”
This case was brought to trial by a private individual (businessman Hugh Glenister) using his own personal money (ZAR 3.5 million) to fund the case. The money retrieved from the victory is to be placed into a trust for use on similar cases in future. The judges in the matter were: Judge Dikgang Moseneke and Judge Edwin Cameron. They have suspended the effect of the judgement for 18 months to allow time for parliament to take remedial action.[13] In response the South African Parliament passed the SA Police Service Amendment Act, however a Court judgement by the Western Cape High Court again found that the Act does not go far enough to secure independence for the Hawks.[14][15] Eight years later the Minister for Police, Bheki Cele, announced that the Police Services Act would be reviewed and the independence of the Hawks re-examined.[16]
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