President Jacob Zuma’s lawyer has argued that claims of corruption are not relevant to the validity of the SAPS Amendment Act.
|||Cape Town - There is no truth to claims that President Jacob Zuma is corrupt, and the allegations are in any event not relevant to this week’s proceedings before the Western Cape High Court, aimed at having the South African Police Services Amendment Act declared inconsistent with the constitution.
This was the submission of Zuma’s lawyer, Kemp J Kemp, to a full Bench of the High Court yesterday.
Kemp has asked the court to ignore the corruption allegations contained in papers filed by businessman Hugh Glenister, claiming they are not relevant to the proceedings.
“It’s not even true,” he said, asking the court to strike the allegations as “irrelevant and vexatious”.
Judge Siraj Desai responded: “That was clearly a scurrilous allegation.”
Glenister and the Helen Suzman Foundation have asked the full Bench, comprising Judges Desai, André le Grange and Judith Cloete, to declare parts of the SA Police Service Amendment Act inconsistent with the constitution.
It is their case that parts of the act do not secure adequate independence for the Directorate of Priority Crimes (more commonly known as The Hawks).
Glenister and the foundation approached the Constitutional Court separately in November last year to oppose the amendments, arguing that they were insufficient.
Direct access to the Constitutional Court was, however, denied and they agreed to appear before a full Bench of the High Court simultaneously. The case started on Thursday
Paul Hoffman, for Glenister, argued that the act should allow independence for the Hawks outside of executive influence, similar to the independence afforded to the judiciary and prosecuting authorities.
Arguing on behalf of the foundation, David Unterhalter also raised concerns about political influences over appointments within The Hawks, and criticised the so-called discretion of the police minister.
Kemp said the act set out specific criteria for governing appointments, and ensured that fit and proper people with integrity were appointed.
He submitted that the public could rely on a body such as the Hawks to seriously investigate complaints.
Advocates representing the police minister and the head of the Hawks have not yet presented their arguments.
The case continues on September 16.
Weekend Argus