Will NPA Amendment Bill see return of Scorpions?

THE passing of the National Prosecuting Authority (NPA) Amendment Bill to make the Investigating Directorate (ID) a permanent entity within the NPA has given an indication it could mark the return of the Scorpions.

The Scorpions were disbanded in January 2009 after the ANC resolution at its Polokwane conference in 2007.

The Directorate of Special Operations (DSO), known as the Scorpions, was hailed for its high conviction rate in high-profile corruption and complex financial crimes. But after the unit was disbanded the NPA did not have a team of its own investigators to work closely with prosecutors.

But Minister of Justice and Correctional Services Ronald Lamola tabled the NPA Amendment Bill to make the ID a permanent entity within the NPA. This followed the announcement by President Cyril Ramaphosa to make the unit permanent.

Unisa’s Professor Dirk Kotzé said the bill sought to bring back the elements that were lost when the Scorpions were disbanded.

He said the Scorpions worked with the NPA and this led to prosecution-driven investigations. This model was not unique to South Africa as other countries were using it.

“The main point about the Scorpions is that they were more independent than the Hawks and that they were working directly with the NPA. That means what was lost when the Scorpions were disbanded was, therefore, that independence,” Kotzé said.

“What we are seeing now is a return of some of that independence and they can do more than what the Hawks can do and that they are more directly aligned to the NPA than what the Hawks are,” he said.

“The feeling is that the NPA, although they are primarily a prosecutorial authority, they must have investigative capacity. In other parts of the world that is so. We have in countries like Spain and France judges who have an inquisitorial capacity,” Kotzé said.

“I think this is the direction they want to go and bring it close to the Scorpions as it was before they were disbanded.”

The NPA said on Friday that it welcomed the establishment of the ID as a permanent unit.

It said the ID has conducted 103 investigations and enrolled 37 cases related to state capture.

A total of 208 people and companies have been hauled before court on state capture cases. These include high-profile figures in the country.

But the said NPA the adoption of the Bill by Parliament would enhance the fight against corruption.

“This creates a permanent prosecution-led unit with investigative powers to deal with complex crime and corruption.”

The National Council of Provinces approved the bill in March and it is now on Ramaphosa’s desk.

The bill would make the ID a specialised unit within the NPA to handle corruption and complex financial crimes.