Hawks bill 'not up to scratch'

Experts yesterday gave a bill meant to restructure the Hawks in line with last year's landmark Constitutional Court judgment the thumbs down for failing to insulate the unit from political meddling.

"The amendments fall far short of what is required by the Glenister judgment in several ways," constitutional law expert Pierre de Vos told parliament's portfolio committee on the police, which is processing the bill.

He said the proposed changes to section 6 of the SA Police Service Act, tabled last month, left the head of the Hawks vulnerable to political pressure regarding decisions to investigate corruption.

"At the heart of the matter is the operational independence of the body so that it can decide when to start, when to continue and when to end an investigation," De Vos said.

"Given what has happened in the police force and with all the allegations swirling around us, there is going to be difficulty in this regard, it seems to me," he said in reference to claims last week of political meddling by acting national police commissioner Nhlanhla Mkhwanazi.

He said the head of the unit remained a political appointment .

"The appointment of the head of the unit is problematic because it is supposed to be done by the minister, but there are no criteria set down for what the qualities of the person appointed must be."

De Vos said the bill tried but failed to address the constitutional court's concerns about the extensive powers of the ministerial oversight committee. This was because the committee could issue instructions to the Hawks' operational committee, providing a "back door" through which political instructions could be given to the unit.

The portfolio committee has received 21 submissions but only one - from the Wits School of Law - said the bill was consistent with the Glenister judgment.

Gareth Newham, of the Institute for Security Studies, said the draft showed a "minimalist approach" to complying with the judgment.

He faulted it for allowing the minister to appoint whomever he wanted to head the Hawks without setting out minimum qualifications.

He suggested that a parliamentary subcommittee be allowed to interview candidates and give the minister a shortlist.