Hawks, Scorpions and the Constitutional Court

This report highlights the weakness of the  South African Police Service Act which in 2011 was found by the Constitutional Court to be unconstitutional and invalid because it failed to give the Hawks the adequate degree of independence they needed to fulfill their duties. The Constitutional Court sent the act back to parliament for them to fox it.  

Last Friday (13th December 2013) the Cape Town High Court found that the fixes were not good enough and still left the Hawks too vulnerable and subject to political interference arising from the ministerial appointment of the head of the Hawks and the lack of parliamentary oversight of their actions.

This is relevant because the High Court’s concerns are similar to the Direct Democratic Forum‘s concerns about the NPA and of what should be our elite investigative unit, the Hawks.

The DDF‘s solution to this would be to make the NPA and the Hawks, or their equivalent, protected by Chapter 9 of the Constitution, as expressed here.  In that post we suggested that the NPA have their own investigative unit and were thinking in terms of the Hawks being that unit, but it may work better for the Hawks (or whatever that unit is) to work independently of the NPA but with the same Chapter 9 protection.  The DDF believe that either option would render the Hawks and the NPA immune from political interference and enable both to pursue their jobs of investigating and prosecuting criminals in the corridors of power, ‘without let or hindrance’ as the saying goes, which is the way it should be.

DDF judicial policies and the DDF security policies, developed from the DDF‘s sense of what is needed for the pursuit of justice, seems to largely reflect the perceptions of the highest courts in South Africa, and the DDF is encouraged by that, to believe they are at least on the correct path with those two policies. 

The DDF are about much more than just the pursuit of justice.  They are about affordable and effective health care, affordable and effective education, affordable and effective transport, to mention just a few elements of DDF Policies, which broadly speaking are about what is needed to make South Africa work for all of its citizens.  How can the  DDF help you?

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The buck stops at the ballot box.  

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