Suzman foundation application continues
The High Court application by the Helen Suzman Foundation (HSF) challenging the constitutional validity of the SAPS Amendment Act is expected to continue on Friday.
The High Court application by the Helen Suzman Foundation (HSF) challenging the constitutional validity of the SAPS Amendment Act is expected to continue on Friday.
The High Court in Cape Town heard on Thursday that the power given to the executive over the Hawks investigative unit was concerning.
David Unterhalter, for the foundation, said their concerns related to appointments within the unit and whether political involvement and oversight resulted in insufficient insulation from interference.
"Who is doing the appointing but, equally, what sort of power is being granted to that person and particularly, the over-breadth and discretion that is allowed...?" he asked.
"The executive may be the subject of investigation."
He argued that while Parliament had oversight in terms of the legislation, it would be limited to receiving a report on an appointment.
It wants the court to suspend the declaration of constitutional invalidity for 12 months in order for Parliament to remedy the defect in accordance with the court's judgment in the matter.
The amendment act was drafted in reaction to a previous Constitutional Court victory by businessman Hugh Glenister, in which the executive was ordered to change the legislation to provide the Hawks with independence from political interference, among other things.
-Sapa