Scorpions (South Africa)
Encyclopedia
- For the Iraqi Intelligence Service branch, see Directorate 14Directorate 14Directorate 14, also referred to as the Directorate of Special Operations or M14, was a branch of the Iraqi Intelligence Service under President Saddam Hussein...
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The Directorate of Special Operations (also, DSO or Scorpions) was a multidisciplinary agency that investigated and prosecuted organised crime and corruption
Political corruption
Political corruption is the use of legislated powers by government officials for illegitimate private gain. Misuse of government power for other purposes, such as repression of political opponents and general police brutality, is not considered political corruption. Neither are illegal acts by...
. It was a unit of The National Prosecuting Authority
National Prosecuting Authority
The Constitution of the Republic of South Africa , created a single National Prosecution Authority , which is governed by the National Prosecuting Authority Act...
of South Africa. Its staff of 536 consisted of some of the best police, financial, forensic and intelligence experts in the country. It was officially disbanded late in January 2009 by South African President Kgalema Motlanthe, after coming into conflict with the crooked head of the South African Police Service, Jackie Selebi
Jackie Selebi
Jacob Sello Selebi is the former national commissioner of the South African Police Service, and a former president of Interpol. In January 2008, Selebi was put on extended leave as national police commissioner, and resigned as president of Interpol, after he was charged with corruption in his...
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Mission
The Scorpions came into operation on 12 January 2001. This Investigating Directorate had the investigative capacity to prioritise and to investigate particularly serious criminal or unlawful conduct committed in an organised fashion, or certain offences or unlawful conduct, with the objective of prosecuting such offences and investigating unlawful conduct in the most efficient and effective manner.As a multidisciplinary agency the Directorate investigated and prosecuted organised crime and corruption, in order to ensure a safe and secure environment which was conducive to both growth and development.
The NPA structure included the National Prosecuting Services (NPS), the Directorate: Special Operations (DSO), the Witness-Protection Programme, the Asset Forfeiture Unit (AFU) and specialised units such as the Sexual Offences and Community Affairs Unit and the Specialised Commercial Crime Unit. The Scorpions was governed by the National Prosecuting Authority Act, 32 of 1998, which provided the Directorate with the necessary investigative powers.
The DSO was headed by a Deputy National Director of Public Prosecutions, Leonard McCarthy.It h ad two (2) main Directorates, namely:
- Strategic and Investigative Support; and
- Operations
The main purpose of the Operations Directorate
Managing and overseeing all functions relating to operations;Authorisation, review, reporting of all investigations and prosecutions;
The Directorate of Special Operations is specifically mandated to deal with crimes committed in an organised fashion (high-level crimes of national impact). The DSO has initiated a number of nationally coordinated projects into high-level organised crime. These include investigations into:
- trans-national drug traffickingIllegal drug tradeThe illegal drug trade is a global black market, dedicated to cultivation, manufacture, distribution and sale of those substances which are subject to drug prohibition laws. Most jurisdictions prohibit trade, except under license, of many types of drugs by drug prohibition laws.A UN report said the...
, - human smuggling and trafficking
- cross-departmental fraud and corruption in Provincial Governments and National Government.
- fraud and corruption within the private business sector white-collar crimeWhite-collar crimeWithin the field of criminology, white-collar crime has been defined by Edwin Sutherland as "a crime committed by a person of respectability and high social status in the course of his occupation" . Sutherland was a proponent of Symbolic Interactionism, and believed that criminal behavior was...
Key strategic crime focus areas
The broad legislative mandate of the DSO has been narrowed down to four crime focus areas:- organised crime;
- organised corruption;
- serious and complex financial crime; and
- racketeering and money laundering
History
In June 1999, president Thabo MbekiThabo Mbeki
Thabo Mvuyelwa Mbeki is a South African politician who served two terms as the second post-apartheid President of South Africa from 14 June 1999 to 24 September 2008. He is also the brother of Moeletsi Mbeki...
announced that "a special and adequately staffed and equipped investigative unit will be established urgently, to deal with all national priority crime, including police corruption". In September 1999 The Directorate of Special Operations was set up, with the first director Frank Dutton
Frank Dutton
Frank Kennan Dutton is a retired South African policeman. During his career, he continuously risked his life in a struggle to advance human rights, justice, and peace...
.
Soon, the Scorpions became notorious for their raids of houses of high-ranking politicians within the ANC
African National Congress
The African National Congress is South Africa's governing Africanist political party, supported by its tripartite alliance with the Congress of South African Trade Unions and the South African Communist Party , since the establishment of non-racial democracy in April 1994. It defines itself as a...
Party. Following investigations of alleged corruption in case of the South African Arms Deal
South African Arms Deal
The South African Arms Deal was a US$4.8 billion purchase of weaponry by the South African Government finalised in 1999 which has been subject to allegations of corruption....
, raids were commenced at the houses of Deputy President Jacob Zuma
Jacob Zuma
Jacob Gedleyihlekisa Zuma is the President of South Africa, elected by parliament following his party's victory in the 2009 general election....
, former Transport Minister Mac Maharaj
Mac Maharaj
Sathyandranath Ragunanan "Mac" Maharaj is a South African politician affiliated to the African National Congress, academic and businessman of Indian origin....
and Durban
Durban
Durban is the largest city in the South African province of KwaZulu-Natal and the third largest city in South Africa. It forms part of the eThekwini metropolitan municipality. Durban is famous for being the busiest port in South Africa. It is also seen as one of the major centres of tourism...
businessman Schabir Shaik
Schabir Shaik
Schabir Shaik is a South African businessman from the Berea, Durban, who rose to prominence due to his close association with South African President Jacob Zuma during his time as Deputy President...
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After the conviction of Shaik on 8 June 2005, the Scorpions raided his house again on 18 August. This time it was part of a couple of raids in investigation for the corruption trial
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
of Zuma, which started in October 2005. Raids were also conducted at houses of Jacob Zuma himself. These raids were heavily criticised by COSATU, accusing that the NPA and the judicial system are capable of being manipulated and influenced to take biased political decisions and actions. Just a few days before the raids, the COSATU had asked the government to drop charges against former Deputy President Jacob Zuma and to reinstate him.
The DSO pioneered a new approach, which combines intelligence, investigation and prosecution. With the DSO's success in high-profile cases, public confidence grew in the Directorate's ability to impact on organised crime. Money laundering and racketeering
Racket (crime)
A racket is an illegal business, usually run as part of organized crime. Engaging in a racket is called racketeering.Several forms of racket exist. The best-known is the protection racket, in which criminals demand money from businesses in exchange for the service of "protection" against crimes...
were added to its priorities and the DSO succeeded in obtaining the first-ever convictions for racketeering in South Africa.
By February 2004, the DSO had completed 653 cases, comprising 273 investigations and 380 prosecutions.
Of the 380 prosecutions, 349 resulted in convictions, representing an average conviction rate of 93,1%.
Merging with the police
The ANCAfrican National Congress
The African National Congress is South Africa's governing Africanist political party, supported by its tripartite alliance with the Congress of South African Trade Unions and the South African Communist Party , since the establishment of non-racial democracy in April 1994. It defines itself as a...
decided to merge the Scorpions with the SA Police by June 2008, reducing their power. The disbandment was recommended by South Africa's minister of safety and security, Charles Nqakula
Charles Nqakula
Charles Nqakula is a South African politician who has been Minister of Defence since September 2008. He was Minister of Safety and Security from May 2002 to September 2008. Tipped as a contender for the future presidency of South Africa, he is concurrently national chairperson of the South African...
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The decision was controversial, and was opposed by a majority of South Africans and interest groups ranging from opposition parties to organised business. The Democratic Alliance has accused the ANC of merging the Scorpions with the South African Police Service
South African Police Service
The South African Police Service is the national police force of the Republic of South Africa. Its 1116 police stations in South Africa are divided according to the provincial borders, and a Provincial Commissioner is appointed in each province...
in order to subvert investigations into the SA Police and protect corrupt ANC officials.
On 23 October 2008, the South African parliament officially abolished the Scorpions. The vote was 252 in favour with 63 against. Preparations were made for the remaining Scorpions members to start work in the Police's Directorate for Priority Crime Investigation (DPCI). This unit is known as the Hawks.
Subsequently, the Hawks shut down the probe the Scorpions had been conducting into bribery among Zuma allies in a multibillion-rand arms deal.
Constitutional Court ruling
The South African Constitutional Court ruled that the legislation, which replaced the Scorpions crime fighting unit with the Hawks, was “constitutionally invalid”. The reason being that the Hawks are “vulnerable to political interference.”This case was brought to trial by a private individual (businessman Hugh Glenister) using his own personal money (ZAR 3.5 million) to fund the case. The money retrieved from the victory is to be placed into a trust for use on similar cases in future.
The judges in the matter were: Judge Dikgang Moseneke and Judge Edwin Cameron. They have suspended the effect of the judgement for 18 months to allow time for parliament to take remedial action.