Scorpions report made public
Bathandwa Mbola
6 May 2008
The long awaited, 144-page Khampepe report was made public by Director-General in the Presidency Frank Chikane in Pretoria on Monday.
President Thabo Mbeki appointed the Khampepe Commission of Inquiry in 2006, headed by Judge Sisi Khampepe, to review the mandate and location of the Directorate of Special Operations (also known as the Scorpions).
The release of the report comes at the same time as the General Law Amendment Bill and the National Prosecuting Amendment Bill - both dealing with the disbanding of the Scorpions - are due to be tabled in Parliament.
The two Bills are set to pave the way for the formation of a new unit incorporating parts of the Scorpions and the police's Organised Crime Unit.
Briefing reporters, Chikane said the Khampepe report was never intended to be released publicly, and that Mbeki had only decided in February to release it, at the same time as the tabling of two Bills, so that it could form part of what people based their decisions on.
"If you are dealing with Bills dealing with the Directorate of Special Operations (DSO), people would want to see what is in the report rather than relying on a summarised [version]," Chikane said.
He added that Mbeki also had an obligation under the Intelligence Act to make sure that no information in the Khampepe report could compromise state security when it was made public.
Scorpions' existence 'still valid'
According to the report, the existence of the Scorpions is "as valid today as it was at conception".
"Despite indications that crime levels are dropping, it is my considered view that organised crime still presents a threat that needs to be addressed through an effective comprehensive strategy," Khampepe states in her report.
"The argument that the rationale no longer holds since the levels of crime are showing a decline is therefore devoid of merit.
"For this reason, it is my considered finding that the DSO still has a place in the government's law enforcement plan ... It is my recommendation that the rationale for the establishment of the DSO is as valid today as it was at conception."
Although the Khampepe report finds that the location of the Scorpions within the National Prosecuting Authority (NPA) is constitutionally and jurisprudentially sound, it identified several areas of concern regarding the unit.
Areas of concern
These included issues around coordination, vetting, oversight and intelligence in the unit. The report found that the Scorpions had ignored their own vetting law, illegally gathered intelligence and even compromised state security.
The report also found that there was evidence that the Scorpions had liaisons with foreign law enforcement and intelligence structures and were acting unconstitutionally by gathering intelligence.
"This certainly will compromise the security of the state, as DSO members have no requisite training in intelligence," Khampepe said.
The report also identified an urgent need for the Scorpions to stop publicising their investigations, as this could violate the constitutional rights of those under investigation.
"There is no plausible reason furnished for this invidious conduct on the part of the DSO, which is to be frowned on. I find such conduct to be out of kilter with our Constitution," Khampepe said, adding that it was reprehensible, unprofessional and corroded public confidence in the law enforcement agency.
Regarding concerns about tensions between the police and the Scorpions, the report found that while the relationship between them was non-existent at national level, this was not the case at provincial level.
Source: BuaNews
