The Constitutional Court yesterday ruled that the Police Service Amendment Act had failed to make the Hawks adequately independent and free from political interference.
The Hawks were formed in 2009 after government dissolved the Scorpions.
In 2011, businessman Hugh Glenister successfully challenged the provisions of the 2008 act that led to the creation of the Hawks.
The Constitutional Court agreed with Glenister and instructed parliament to change the act accordingly, but both the Helen Suzman Foundation and Glenister argued that the 2012 amendments were also unconstitutional.
In the majority judgment, Chief Justice Mogoeng Mogoeng said the Hawks were not required to be absolutely independent, only "adequately independent".
In his order, Mogoeng removed the constitutionally offensive portions of the act to remedy the situation.
He said the urgent need to clarify the functions of the Hawks demanded "direct and immediate judicial intervention".
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