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South African Law Disbanding Scorpions Ruled Unconstitutional

   Joe DeCapua and Delia Robertson  March 17, 2011

   South  Africaâs  highest  court  has  struck  down  the  2008 law that
   disbanded  the  independent  crime  investigating  group  known as the
   Scorpions.

   The  legislation  to  disband  the Scorpions followed an investigation
   into  now-president  Jacob  Zumaâs alleged involvement in a major arms
   deal.   The Scorpions were replaced by a police-run unit known as the
   Hawks.

   The  Constitutional  Court  ruled  on an amendment to the policing act
   that  brought  about  the  demise of the Scorpions, the Directorate of
   Special  Operations,  and  the birth of the Hawks, the Directorate for
   Priority   Crime   Investigation.    It   says   the   amendment   is
   unconstitutional  because  it  does not ensure the independence of the
   Hawks.

   Sting of the Scorpions

   The  Scorpions  undertook  many  investigations  of alleged government
   corruption  and  other  alleged crimes by senior government officials.
   The unitâs conviction rate was well over 90 percent.

   South  African  President  Jacob Zuma delivers the State of the Nation
   Address  during  the opening of parliament in Cape Town, South Africa,
   February 10, 2011 (file photo)

AP

   South African President Jacob Zuma (file photo)

   One  of  its most prominent cases was its investigation of Mr. Zuma on
   corruption and other charges.  But those charges were dropped shortly
   before  he  was  elected  president.   There were accusations by both
   sides that the actions were politically motivated.

   Being  part  of  the police department, the Hawks do not have the same
   independence  as  their  predecessors.   The Constitutional Court has
   given  the government 18 months to ensure that they are independent of
   undue government influence or control.

   The  majority  opinion read in part that the Hawks are âinsufficiently
   insulated    from   political   influence   in   its   structure   and
   functioningâ¦becauseâ¦activities must be coordinated by the Cabinet.â

   The  Hawks  have  investigated some corruption and racketeering cases,
   but not to the same extent as the Scorpions.

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