The Scorpions are dead

Kudos to Mr Glenister for trying. The man with the biggest cahones in South Africa, who put his money where his mouth was, who had more guts than our worthless 'opposition' parties to take on the ANC loses his appeal to save the Scorpions. It is done. The Scorpions are no more.

Respect.

"Scorpions Bills being hustled through Parliament" - DA

23 Oct 2008 - Glenister gives up
23 Oct 2008 - ANC MPs pass Bill to kill Scorpions
23 Oct 2008 - Scorpions Bills "absurd legislation" - DA
23 Oct 2008 - "A day that will live on in infamy" - FF+
23 Oct 2008 - "South Africans are not stupid" - ID
24 Oct 2008 - Fury as ANC kills Scorpions
24 Oct 2008 - 'They will regret killing off cop unit'
24 Oct 2008 - "COSATU welcomes passing of Scorpions Bills"

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Glenister fails in Scorpions court appeal

The Constitutional Court on Wednesday refused businessman Hugh Glenister leave to appeal against a Pretoria High Court decision regarding the fate of the Scorpions.

The Pretoria High Court ruled in May this year that it lacked jurisdiction to hear the matter when Glenister sought to challenge a decision taken by the Cabinet to initiate legislation dissolving the Directorate of Special Operations (DSO), commonly known as the Scorpions.

He then approached the Constitutional Court for leave to appeal against that decision, and applied for direct access to the Constitutional Court for an order compelling the government to withdraw the relevant Bills from Parliament.

"The only issue for determination was whether, in view of the principle of separation of powers, the circumstances of this case permitted the [Constitutional Court] to consider the validity of the decision taken by Cabinet while the Bills were still before Parliament and the legislative process still under way," said a court statement on Wednesday.

Glenister had submitted that the circumstances of this case were exceptional enough to warrant judicial intervention at this stage of the legislative process.

He had argued that the Cabinet's decision had caused mass resignations within the DSO, in effect bringing about its dissolution and depriving South Africa of an effective crime-fighting unit even before the conclusion of the legislative process.

The ministers of safety and security and of justice and constitutional development opposed the application.

"They conceded that there may be exceptional circumstances which would justify intervention by the courts in the legislative process before Parliament had completed its deliberations. They argued that this was not such a case and that judicial intervention was not therefore appropriate," said the court statement.

"In a unanimous judgement by Langa CJ, the court discussed the importance of the separation of powers doctrine implicitly recognised in our Constitution," it said.

The doctrine ensures that each branch of government -- the executive, legislature and judiciary -- is able to fulfil its constitutional mandate without interference by any of the other branches.

Judge Pius Langa held that, in this case, the executive had carried out its constitutionally mandated task of initiating and preparing legislation, which is before Parliament -- the body that has the primary responsibility of overseeing the executive's actions.

"There may be circumstances in which a court will intervene where draft legislation is still being considered by Parliament, but the circumstances that warrant judicial intervention would have to be exceptional and an applicant would need to demonstrate material and irreversible harm in the sense that no effective remedy would be available once the legislative process is complete," said the Constitutional Court statement.

"The applicant failed to establish that material and irreversible harm had arisen. A causal relationship between the decision taken by Cabinet and the resignations of members of the DSO was not clearly established, and in any event, the resignations would not necessarily cause irreversible harm."

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23/10/2008 - The Scorpions last day: Let the celebrations begin!

On the benches of Parliament, back pockets warm with graft, the MPs will vote today to abandon the Scorpions. But who will celebrate?

In the taverns where the hijackers count their blood-stained money, glasses will be raised to toast the end of the bitter enemy.

In the jails, scarred and bitter thugs will raise enamel mugs filled with the bile of their crimes and smile.

In the corridors of business, the crooks of high finance, their fingers black with the ink of dirty balance sheets, will chuckle as the mortal enemy dies.

In foreign capitals, their briefcases filled with drug money, the dealers in death will show their golden teeth in joy.

In dank offices where influence is peddled, greedy politicians will shake each other’s lubricated hands, knowing that the looting has just begun.

But out on the streets, where mothers hold their children close to protect them from the rising tide of evil, there will be no celebration.

In the hospitals, where families gather to watch as the bullet wounds leak out the lives of their own flesh and blood, there will only be sadness.

Celebrate! Celebrate! Celebrate!