Abstract
The Directorate for Priority Crime Investigation (DPCI), commonly known as the ‘Hawks’, is currently at a crossroads. The Constitutional Court judgment in Glenister vs the President of South Africa and Others has called into question the Directorate’s continued existence in its current form. One of the most important questions raised by the Constitutional Court judgment is whether the DPCI can be sufficiently independent while located within the SAPS. This article presents arguments in support of the view that separating the unit from the SAPS is essential to build public confidence in the unit and to meet the requirements of the judgment.
Highlights
International experience suggests that combating organised crime and corruption can only be successful if there is a strong political commitment on the part of governments to tackle these challenges.[1]
In the case of Glenister vs. the President of the Republic of South Africa and Others, the South African Constitutional Court noted that: Corruption has become a scourge in our country and it poses a real danger to our developing democracy
The Scorpions were disbanded following a decision by the ruling African National Congress (ANC) during its 2007 National Conference at which Jacob Zuma was elected president of the party
Summary
The Directorate for Priority Crime Investigation (DPCI), commonly known as the ‘Hawks’, is currently at a crossroads. International experience suggests that combating organised crime and corruption can only be successful if there is a strong political commitment on the part of governments to tackle these challenges.[1] Unsurprisingly, countries that experience a high level of corruption by politicians and high-ranking civil servants are unlikely to formulate a suitable institutional response to corruption It follows that those who abuse state resources will not be dealt with effectively. Any structure that investigates corruption and organised crime, as the DPCI is mandated to do, is sure to find itself having to investigate politicians, high-level civil servants and politically connected business people When it does so, it will come under intense political pressure as powerful individuals seek to protect themselves or their associates. This will place tremendous pressure on the DPCI, as any investigation it may conduct into allegations of corruption by ANC members who hold political office may be interpreted as being politically motivated.[13]
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