From Scorpions to Hawks - now stand by for Eagles

Corruption-busting unit the Hawks will soon be replaced by the Eagles if the Institute for Accountability in Southern Africa has its way.

In its objections to the SA Police Service Amendment Bill this week, the institute proposed that an anti-corruption commission be established to bolster the Directorate of Priority Crime Investigation.

Paul Hoffman SC, director of the institute said the proposed crime busters could be called the Eagles and should report direct to parliament.

The new unit should have powers to investigate and make arrests, said Hoffman, who represented businessman Hugh Glenister in his fight against the scrapping of the Scorpions.

"[The institute] has advocated the formation of a new Chapter Nine institution able to pass constitutional muster, which it submits is currently lacking in the SA Police Service Amendment Bill," said Hoffman.

"Eagles can see better and they can fly higher, and they can go after bigger prey than the Hawks."

According to the institute's submission, "The SAPS is under the control of the minister of police.

"It is structurally incapable of housing a unit that is able to function properly without fear, favour or prejudice, which is what independence really entails," the proposal states.

The bill was drafted after the Constitutional Court last year found that the Hawks - which replaced the Scorpions - was "inconsistent with the constitution".

One of the issues highlighted by the court was that a ministerial committee, which included the ministers of police, finance and intelligence, determined the functioning of the Hawks and which cases should be investigated.

The court ruled that the legislation that established the Hawks should be amended and a new bill, which was drafted in response to the court ruling, transfers most of the ministerial committee's powers direct to the minister of police.

The bill is before parliament's police portfolio committee for consideration.

The Constitutional Court decision was in response to an application by Glenister after the Scorpions were scrapped in 2008.

The court has ordered the completion of remedial legislation by September 18.

The bill was referred to the portfolio committee on police last month and yesterday was the deadline for public submissions.