The Scorpions have increasingly become a "law unto themselves" and posed a "security threat" to the country, Congress of SA Trade Unions (Cosatu) General Secretary Zwelinzima Vavi said on Thursday.

Vavi led Cosatu's presentation to Parliament's justice and safety and security committees' public hearings on the draft legislation to disband the Directorate of Special Operations (DSO).

"While we are fully in support of the objectives of combating crime, especially organised crime, and corruption, including that within the SA Police Service (SAPS), we see no reason why these cannot be addressed within and by amplifying the capacity of SAPS," Vavi said.

Cosatu's concern was that the Scorpions' existence as a branch of the National Prosecuting Authority (NPA) blurred the necessary separation of functions between those investigating crime and those prosecuting the criminals.

"This led to the rights of individuals being compromised, and there was a growing tendency for officers to be diverted from the fight against crime to political campaigns against certain individuals," Vavi said.

"As a separate 'elite' force they are not sufficiently subject to public accountability, but increasingly a law unto themselves."

Cosatu's concerns

Cosatu had also been concerned that their investigative work was not subject to the same oversight mechanisms as the SAPS and intelligence agencies.

"The DSO/Scorpions, shown by the so-called 'Special Browse Mole Report', were also illegally and unofficially involved in collecting political intelligence, something that is beyond its mandate."

Vavi said it had also been "working illegally" with foreign intelligence agencies, employing senior officials without requisite security clearance, using outsourced companies for intelligence gathering and analysis without vetting them, and conducting investigations through the media without first informing individuals under investigation.

"All this posed a very serious threat to the security of our country," he said.

Cosatu strongly supported the need to develop specialised capacity to target organised crime, as well as other high priority crimes.

"However, no party has been able to advance logical reasons as to why this should not, or could not, have been developed in the SAPS in the first place," Vavi said.

Sapa