Concourt told that politics clips Hawks' wings

The Helen Suzman Foundation yesterday argued in the Constitutional Court that the Hawks do not have the political independence they need.

It said the SA Police Service Amendment Act put the anti-corruption unit under the control of the national police commissioner, who is appointed by the president.

This, the foundation argued, compromised the appointment of Hawks members, the suspension or removal of its head, and its management and functioning.

The court is also hearing an application by businessman Hugh Glenister, who wants to challenge a High Court ruling that only some sections of the amended act pass constitutional muster.

Glenister believes that all the provisions relating to the Hawks are unconstitutional.

The Presidency has opposed both applications.

Kemp J Kemp SC, for the Presidency, told the court that the Hawks - more formally the Directorate for Priority Crime Investigation - were adequately independent and did not require absolute independence.

Instead, he said, the unit needed adequate, sufficient or necessary independence from undue political and executive influence.

The Hawks were formed after the disbanding of the Scorpions in 2008.