Thank you, hon Speaker. Hon Members of Parliament, criminals continue to prey on our people and society. Organised crime, serious economic and transnational crimes, as well as corruption, undermine our democracy and have a negative impact on our people.
To address this it is essential that we wage an all-out war against criminal elements involved in these types of crimes, criminals who seek to derail the progress we have made as a society. Of critical importance is that Members of Parliament, public representatives across all levels of our governance system, and public servants in general must participate in this offensive in a determined and co-ordinated manner.
Internationally, it is accepted that you cannot separate organised crime and corruption, and that the two forms of crime are considered to be two sides of the same crime coin. It is also internationally accepted that to address these forms of crime a strong multiagency approach and focus are required.
In 2008-09, government and Parliament engaged in a lengthy and consultative process that ultimately resulted in the establishment of the Directorate for Priority Crime Investigation, DPCI, within the SA Police Service.
As government we are continuously seeking to improve the quality of law enforcement agencies and the criminal justice system as a whole. It is for this reason that, after finalising the process to establish the DPCI, we agreed that the legislation which created this unit would be subject to a three-year review in terms of section 17K of the South African Police Service Amendment Act of 2009 after being enacted. This review was aimed at using the operational experience gained in these three years to further strengthen our legislation and the effective functioning of the DPCI.
On 17 March 2011 the Constitutional Court, in Glenister v President of the Republic of South Africa and Others, declared Chapter 6A of the South African Police Service Act, which deals with the Directorate for Priority Crime Investigation, DPCI, to be inconsistent with the Constitution of the Republic of South Africa, because it failed to secure an adequate degree of independence of the DPCI. The Constitutional Court suspended the declaration of invalidity for a period of 18 months to afford Parliament an opportunity to remedy this defect. We respected the Constitutional Court and at the same time began in earnest to work on the changes as highlighted during the judgment.
The Bill that is before this House therefore seeks to achieve two objectives. The first is to address our commitment and undertaking that we would review and improve the legislation governing the DPCI, three years after its enactment.
The second is to honour and respond to the Constitutional Court's ruling regarding the DPCI. It is important to reiterate that, contrary to what has been projected by some members of the opposition and certain so-called legal experts, the Constitutional Court in its judgment indicated that the creation of a separate crime-fighting unit within the SA Police Service, the SAPS, was not, in itself, unconstitutional.
The court also, contrary to what some have inappropriately projected in the public domain, stated that the Constitution does not require full independence, but rather adequate levels of structural and operational independence. In defining independence, international standards require political commitment and adequate resources, powers and staffing of the structure or approach. The process of drafting the legislation began in April 2011 and included, amongst others, a serious review and analysis of what the Constitutional Court ruling actually implied; and a review of international standards, approaches and positions regarding such organised crime and corruption- fighting mechanisms.
In addition, during the process of drafting this legislation there was a serious review of different options, and there were extensive consultations with the National Treasury and the Department of Public Service and Administration, DPSA, regarding what models would best work. This was a relatively detailed process and took about 10 months to complete. However, at the end of this process we had satisfied ourselves that amendments to Chapter 6A of the South African Police Service Act and strengthening of the role and position of the DPCI were the correct way to go.
During our international review we were able to recognise that international standards neither offer a blueprint for the setting up of the administration of an anticorruption institution, nor advocate a single best practice model or a universal type of anticorruption agency.
The Bill that is now before this House therefore seeks to align our legislation with the Constitutional Court judgment and, based on the extensive research and analysis process, seeks to improve the legislation governing the functioning of the DPCI and our approach to fighting organised economic and transnational crimes. The Bill provides the DPCI with the adequate structural and operational independence to perform its functions.
However, what is also important is that the anticorruption law enforcement approach is not overburdened by its having to investigate cases of petty corruption. Therefore, it is ideal to limit its jurisdiction to serious cases.
The Bill ensures that there is a strong legal basis for the approach to organised crime and corruption. This should include a clear mandate; institutional placement; appointment and removal processes; internal structures; functions; jurisdictions; powers; responsibilities; budget; personnel-related matters; relationships with other institutions; accountability; and reporting lines.
We believe that the Bill before this House addresses all these issues and will ensure that we as a government are able to enhance and build on our existing successes and approaches in the fight against corruption and organised crime.
In the final analysis, the Bill further recognises that anticorruption bodies or structures do not operate in a vacuum. It emphasises a strong need for co-ordination and co-operation with other government departments and specialised areas.
It also recognises that the SAPS has a constitutional mandate to fight crime and that such mandate must include organised economic and transnational crimes, as well as corruption.
The democratic state, through the Constitution, has tasked the police with being responsible for investigating and preventing crime, including organised crime and corruption. The passing of this important piece of legislation is a step forward as we advance our fight against organised crime and corruption - an effort in which every one of us must put a shoulder to the wheel. Thank you. [Applause.]