SA: Statement by Hugh Glenister, asking the NCOP to look into redrafted SAPS

SA: Statement by Hugh Glenister, asking the NCOP to look into redrafted SAPS Amendment Bill (10/07/2012)

STATEMENT
Published 10 Jul 2012



Private businessman, Hugh Glenister, who won the Constitutional Court’s 2011 ‘Glenister Judgement’ deeming the legislation that established anti-graft unit, the ‘Hawks’, to be unconstitutional, has requested that the National Council of Provinces, the Public Protector and the SA Human Rights Commission look into the redrafted SAPS Amendment Bill, which he believes constitutes an inadequate amendment of the legislation to meet the requirements of the Court.

On 22 June, Glenister and his legal counsel sent a letter to the offices of the Public Protector and the SA Human Rights Commission urging them to launch an investigation into the manner in which executive and legislative branches of government were attempting to implement the Constitutional Court’s order pertaining to the judgement.

Given the Public Protector’s authority and constitutional duty to intervene in matters threatening the ability of her office to strengthen constitutional democracy, Glenister believes the controversy surrounding the Hawks and the “superficial changes” to the SAPS Amendment Bill to fall within her mandate.

Following a second written request to the Public Protector on 5 July, Glenister’s counsel has called on the NCOP to look into the matter, given the significant amendments that they made to the Protection of State Information Bill in May this year.

“We would like the Committee on Security and Constitutional Development to consider the redrafted bill in light of the Constitutional Court’s judgement and to make amendments that ensure an independent unit not easily susceptible to political interference or pressure, and able to effectively fulfil its mandate of fighting corruption,” adds Glenister.

His counsel, Advocate Paul Hoffman says that the parliamentary Committee on Police, responsible for amending the legislation, largely ignored the recommendations of the 22 oral presentations made during the public participation process in April.

21 of the 22 submissions said that it was inappropriate to house the Hawks within the SAPS, as it they felt it would compromise the unit’s ability to conduct investigations without being influenced by political agendas.

“Public confidence in the SAPS is at an all-time low and the unit has been plagued by allegations of corruption from within, how will we be able to fight corruption off of this platform?” he adds.

Glenister urges these organisations to consider his requests ahead of the court-imposed deadline to remedy the legislation by 18 September.

Edited by: Creamer Media Reporter
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R100 000 anti-corruption challenge for youth
2012-04-04 16:00

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Cape Town - Lobbyist Hugh Glenister said on Wednesday he plans to award R100 000 to a southern African who can offer the best remedy for developing an anti-corruption framework for specialist police unit, the Hawks.

His competition invites anyone under the age of 30, or a university, to submit their "best practice" implementation of a Constitutional Court ruling, which forced Parliament to remedy the Hawks' lack of independence by September.

Last March, in a case largely initiated by Glenister, the Constitutional Court ruled that chapter 6A of the SA Police Service Act be sent back to Parliament for amendment because it made the Hawks vulnerable to political interference.

The court suspended its order of constitutional invalidity for that period to allow for the amendment to the law. Public hearings are scheduled for April 23 and 24.

‘Youth most affected by corruption’

Glenister said the only way to fight corruption was to allow all levels of society to have their say.

"Corruption is a disease that affects every single one of us, no matter your age, profession, location or economic dispensation," he said.

"Most of all, it affects young adults, because they are the ones that will be left to fix the mess that we have allowed to happen."

Competing teams and individuals have until July 31 to submit their proposed draft legislation and explanatory memorandums in English, using less than 5 000 words.

Submissions would be evaluated by a panel of retired South African judges.

If a university faculty won, it would receive R50 000 and give the remainder to its students deemed most deserving.

If an independent person was chosen, they would get R10 000 and the remainder would go to the best university submission.

The decision would be announced on September 30.

- SAPA
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