Hawks’ clean swoop

Despite grappling with rogue elements within its ranks, the police’s elite unit, the Directorate for Priority Crime Investigation (Hawks), has come out of this year shining, as experts say their swooping on high-profile suspects was a positive sign and somewhat reclaimed the public’s trust.

In October, the Office of the Directorate of Priority Crime Judge, an ombudsman office within the South African Police Service (SAPS) responsible for investigating complaints against Hawks members, revealed it had received 56 complaints during the 2019-20 financial year.

The complaints included abuse of power, harassment, intimidation, extortion, unlawful seizures and assault, as well as defeating the ends of justice and undue delay in completing investigations.

In order to rid itself of members not willing to be beyond reproach, the Hawks’ Serious Corruption Investigation last month
nabbed two senior officers and a former colleague for alleged fraud and corruption relating to promotional appointments in the unit.

Spokesman Brigadier Hangwani Mulaudzi resigned last month after a foundation he chairs received R3 million from the embattled National Lotteries Commission (NLC), investigated by the Hawks.

But professor in the department of police practice at the University of South Africa Rudolph Zinn said, with credible leadership in Lieutenant-General Godfrey Lebeya, indications are there will be tough and swift action.

“Unfortunately is too long a process to now say we are going to see a positive outcome but I think indications are that it is starting and now we need to support that and hopefully we will end up with a revived police service,” Zinn said.

This year saw the Hawks ride a wave of high-profile fraud and corruption cases involving senior leaders of the ANC, including its secretary-general Ace Magashule, other top government officials, mayors and businesspeople for fraud and corruption.

Magashule was released on R200 000 bail last month by the Bloemfontein Magistrate’s Court on charges of fraud, corruption and money laundering related to a R255-million asbestos audit tender in the Free State.

Professor André Duvenage, head of North West University’s political science department, said one of the success stories of President Cyril Ramaphosa’s term of office was the way he positioned criminal justice institutions, particularly the Hawks.

“I think people expected a lot to happen and a lot did not happen for the most of the year, but we have seen some dramatic changes. I think that is positive sign and we need to give credit to Ramaphosa for his actions in this regard,” he said.

On whether arrests will be followed by prosecution, Duvenage said there were several arguments to this: the constitutional argument, the rule of law principle and the applicability of the rule of law.

“That is what the constitution is telling us, what we should do.

“But against this we have a very strong political force and we cannot underestimate the political role that people like [Magashule], Supra Mahumapelo, David Mabuza, Jacob Zuma and others are playing and that is not the role that is aligned with the supremacy of the law or the rule of law principle,” he said.

He was concerned about the status of the constitutional state in SA but said he hoped the constitution and rule of law would be supreme enough to deal with what he called the strongmen of SA politics.

“So there is a big test for the SA constitution ahead and that would be to apply the rule of law principle – and I think Ramaphosa need all the support he can get,” Duvenage said.

– siphom@citizen.co.za

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