Remarks by Thuli Khoza – Setting the Scene: Failure of the Hawks
Many years ago, I heard a saying that “When inefficiency prevails, it’s time to sever the sails.”
South Africans need no doctorate in policing to recognize that our criminal justice system is severely clogged.
One such clog in the system is the Hawks, also known as the Directorate for Priority Crime Investigation, which objectively lacks sufficient independence, capacity, and operational efficiency.
This is evident in their abysmal record of investigating and successfully prosecuting South Africa’s most corrupt individuals, some of whom sit inside these buildings behind me and are called ‘Honourable.
This reality, where a select few are immune from consequences, did not happen by chance.
It is a consequence of law enforcement agencies’ budgets being determined by politicians, their senior leaders being appointed by cadres, and some within their ranks colluding with the very criminals they are meant to apprehend.
It becomes clear that this agency has never and will likely never successfully execute its mandate.
But the truth is that the Hawks was never envisioned to be an independent, crime-fighting unit that would hold lawbreakers, especially lawmakers, to account.
Its creation was born out of the ANC government’s intention to kneecap the success of the Scorpions and introduce a agency they believed they could better control and keep at bay and away from serving arrest warrants at Luthuli House or the Union Buildings.
Formed in 2008, their 16-year record has been defined by;
1. A lack of political independence to investigate corruption.
2. A detrimental reliance on SAPS, which has severely compromised the organisation’s effectiveness.
3. A shameful list of internal corruption scandals.
4. Botched investigations.
5. A failure to halt the rise of the state capture cabal.
6. Questionable appointments of dubious characters into senior roles.
As of 2022, the vacancy rate at the Directorate for Priority Crime Investigation stood at 52%.
Coupled with a severe lack of capacity stemming from a burdensome dependency on the South African Police Service, the Hawks, simply put, do not have the capacity to get the job done.
So, Fellow South Africans,
Had the Hawks been a legitimate, well-oiled crime-busting agency, the Guptas would be in orange overalls eating beans soup, not in Dubai dining at five-star restaurants while every South Africans suffer from the consequences of their treasonous crimes.
Had the Hawks been a legitimate, well-oiled crime-busting agency, the likes of Jacob Zuma, Ace Magashule, Malusi Gigaba, Zweli Mkhize, and Cyril Ramaphosa would be guarded by prison wardens and not VIP Protectors.
Had the Hawks been a legitimate, well-oiled crime-busting agency, cigarette smugglers, transnational criminal syndicates, and construction mafias would not be emboldened to brazenly ramp up their operations, continuing to terrorise and poison our communities.
But like I said, “Had the Hawks been,” when reality sets in, this defunct, limping agency represents a rare success story of this government. They achieved their intended outcome, where the corrupt are shielded and the rule of law is maintained as suggestive and not obligatory for a select few.
A reminder that today, we gather at a time where, Bheki Cele, is fingered as a central figure in the collapse of the Hawks watchdog which has left the unit further exposed to political interference.
This is exactly why we are gathered here today, outside Parliament: to not only highlight the complete failure of the Directorate for Priority Crime Investigation, but to sever the sails as inefficiency indeed prevails.
I would now like to hand over to Advocate Julie Seton, ActionSA’s Team Fix SA Member for Justice and Correctional Services, to walk you through our exact plans to reintroduce the Scorpions, a truly independent and capable crime and corruption busting agency.
Remarks by Adv Julie Seton – Our Plan to Reintroduce the Scorpions
The Scorpions were established as a specialised investigation unit, under the auspices of the NPA, not the police, to deal with the emergence of organised crime and corruption. It followed the so-called “troika” model, whereby prosecutors worked alongside investigators and forensic experts to prosecute organised crime and corruption.
Prosecutors were involved in the investigations and the success of the Scorpions with their zero tolerance for corruption became incredibly inconvenient to the ANC and its financial interests.
Among those targeted were then Deputy President, Jacob Zuma, former Transport Minister, Mac Maharaj, and Shabir Sheik among others over allegations relating to the arms deal.
The Scorpions contributed to the fraud conviction of former ANC Chief Whip, Tony Yengeni, as well as the former National Commissioner for the South African Police Service, the late Jackie Selebi.
According to Corruption Watch, the Scorpions were incredibly successful, with a conviction rate between 82 and 94 percent.
Yunus Carrim, the then chairperson of the Portfolio Committee of Justice, admitted that the ANC took the shameful decision at its national conference in 2007, attended by 3900 delegates, to disband the Scorpions, as too many of its top members were coming under investigation. This was the conference that elected Jacob Zuma as president, paving the way for him to be elected President of the country.
At that time, over 100,000 submissions were made to the authorities by members of the public, appealing for the scorpions to remain in place.
This appeal was ignored.
Rampant corruption became the order of the day.
The panacea offered by the government for the disbandment of the Scorpions came in the guise of the establishment of the Directorate for Priority Crime Investigation, known as the Hawks.
The Hawks report under SAPS and were compromised from inception, with legislation not being properly implemented and highly compromised people being appointed to lead them.
It was never going to be an effective tool to tackle corruption.
ActionSA is calling for the reinstatement of the Scorpions, but we want to take the action necessary to ensure its independence.
How will we ensure we get this done?
1. One of the first priorities for when we get into Parliament is for the repealing of the Hawks Act.
2. Introducing a private members bill aimed at advancing a Scorpions Bill to the House.
This would be in line with the Glenister v President of Republic South Africa, adjudicated as far as the Constitutional Court, where the Court found that the executive ought to make further provision for the separation of the Hawks from the control and oversight of members of cabinet, in order to, fully realise the complete independence of the institution.
Unfortunately, the ANC government has been dragging their feet where this is concerned, partly because an independent specialised crime fighting unit is the antithesis to their interests of pilfering state resources.
ActionSA believes that, to fully comply with the directives of the Constitutional Court, which is also coincidentally aligned with our broader Justice and Constitutional Development imperatives, the only course of action is for the full reintroduction of the Scorpions as part of the law enforcement ecosystem. This is crucial in the endeavours towards the fight against rampant ANC-sponsored malfeasance, where the country gets to actually stand a chance in eradicating corruption from society once and for all.
It is important that justice be seen to be done, from grassroots level with the ordinary municipal councillors and officials to the higher echelons of political power in party political corridors and of even the President of the Republic.
ActionSA Presents Bold Plan to Reintroduce the Renowned Scorpions to Combat Corruption
Remarks by Thuli Khoza – Setting the Scene: Failure of the Hawks
Many years ago, I heard a saying that “When inefficiency prevails, it’s time to sever the sails.”
South Africans need no doctorate in policing to recognize that our criminal justice system is severely clogged.
One such clog in the system is the Hawks, also known as the Directorate for Priority Crime Investigation, which objectively lacks sufficient independence, capacity, and operational efficiency.
This is evident in their abysmal record of investigating and successfully prosecuting South Africa’s most corrupt individuals, some of whom sit inside these buildings behind me and are called ‘Honourable.
This reality, where a select few are immune from consequences, did not happen by chance.
It is a consequence of law enforcement agencies’ budgets being determined by politicians, their senior leaders being appointed by cadres, and some within their ranks colluding with the very criminals they are meant to apprehend.
It becomes clear that this agency has never and will likely never successfully execute its mandate.
But the truth is that the Hawks was never envisioned to be an independent, crime-fighting unit that would hold lawbreakers, especially lawmakers, to account.
Its creation was born out of the ANC government’s intention to kneecap the success of the Scorpions and introduce a agency they believed they could better control and keep at bay and away from serving arrest warrants at Luthuli House or the Union Buildings.
Formed in 2008, their 16-year record has been defined by;
1. A lack of political independence to investigate corruption.
2. A detrimental reliance on SAPS, which has severely compromised the organisation’s effectiveness.
3. A shameful list of internal corruption scandals.
4. Botched investigations.
5. A failure to halt the rise of the state capture cabal.
6. Questionable appointments of dubious characters into senior roles.
As of 2022, the vacancy rate at the Directorate for Priority Crime Investigation stood at 52%.
Coupled with a severe lack of capacity stemming from a burdensome dependency on the South African Police Service, the Hawks, simply put, do not have the capacity to get the job done.
So, Fellow South Africans,
Had the Hawks been a legitimate, well-oiled crime-busting agency, the Guptas would be in orange overalls eating beans soup, not in Dubai dining at five-star restaurants while every South Africans suffer from the consequences of their treasonous crimes.
Had the Hawks been a legitimate, well-oiled crime-busting agency, the likes of Jacob Zuma, Ace Magashule, Malusi Gigaba, Zweli Mkhize, and Cyril Ramaphosa would be guarded by prison wardens and not VIP Protectors.
Had the Hawks been a legitimate, well-oiled crime-busting agency, cigarette smugglers, transnational criminal syndicates, and construction mafias would not be emboldened to brazenly ramp up their operations, continuing to terrorise and poison our communities.
But like I said, “Had the Hawks been,” when reality sets in, this defunct, limping agency represents a rare success story of this government. They achieved their intended outcome, where the corrupt are shielded and the rule of law is maintained as suggestive and not obligatory for a select few.
A reminder that today, we gather at a time where, Bheki Cele, is fingered as a central figure in the collapse of the Hawks watchdog which has left the unit further exposed to political interference.
This is exactly why we are gathered here today, outside Parliament: to not only highlight the complete failure of the Directorate for Priority Crime Investigation, but to sever the sails as inefficiency indeed prevails.
I would now like to hand over to Advocate Julie Seton, ActionSA’s Team Fix SA Member for Justice and Correctional Services, to walk you through our exact plans to reintroduce the Scorpions, a truly independent and capable crime and corruption busting agency.
Remarks by Adv Julie Seton – Our Plan to Reintroduce the Scorpions
The Scorpions were established as a specialised investigation unit, under the auspices of the NPA, not the police, to deal with the emergence of organised crime and corruption. It followed the so-called “troika” model, whereby prosecutors worked alongside investigators and forensic experts to prosecute organised crime and corruption.
Prosecutors were involved in the investigations and the success of the Scorpions with their zero tolerance for corruption became incredibly inconvenient to the ANC and its financial interests.
Among those targeted were then Deputy President, Jacob Zuma, former Transport Minister, Mac Maharaj, and Shabir Sheik among others over allegations relating to the arms deal.
The Scorpions contributed to the fraud conviction of former ANC Chief Whip, Tony Yengeni, as well as the former National Commissioner for the South African Police Service, the late Jackie Selebi.
According to Corruption Watch, the Scorpions were incredibly successful, with a conviction rate between 82 and 94 percent.
Yunus Carrim, the then chairperson of the Portfolio Committee of Justice, admitted that the ANC took the shameful decision at its national conference in 2007, attended by 3900 delegates, to disband the Scorpions, as too many of its top members were coming under investigation. This was the conference that elected Jacob Zuma as president, paving the way for him to be elected President of the country.
At that time, over 100,000 submissions were made to the authorities by members of the public, appealing for the scorpions to remain in place.
This appeal was ignored.
Rampant corruption became the order of the day.
The panacea offered by the government for the disbandment of the Scorpions came in the guise of the establishment of the Directorate for Priority Crime Investigation, known as the Hawks.
The Hawks report under SAPS and were compromised from inception, with legislation not being properly implemented and highly compromised people being appointed to lead them.
It was never going to be an effective tool to tackle corruption.
ActionSA is calling for the reinstatement of the Scorpions, but we want to take the action necessary to ensure its independence.
How will we ensure we get this done?
1. One of the first priorities for when we get into Parliament is for the repealing of the Hawks Act.
2. Introducing a private members bill aimed at advancing a Scorpions Bill to the House.
This would be in line with the Glenister v President of Republic South Africa, adjudicated as far as the Constitutional Court, where the Court found that the executive ought to make further provision for the separation of the Hawks from the control and oversight of members of cabinet, in order to, fully realise the complete independence of the institution.
Unfortunately, the ANC government has been dragging their feet where this is concerned, partly because an independent specialised crime fighting unit is the antithesis to their interests of pilfering state resources.
ActionSA believes that, to fully comply with the directives of the Constitutional Court, which is also coincidentally aligned with our broader Justice and Constitutional Development imperatives, the only course of action is for the full reintroduction of the Scorpions as part of the law enforcement ecosystem. This is crucial in the endeavours towards the fight against rampant ANC-sponsored malfeasance, where the country gets to actually stand a chance in eradicating corruption from society once and for all.
It is important that justice be seen to be done, from grassroots level with the ordinary municipal councillors and officials to the higher echelons of political power in party political corridors and of even the President of the Republic.