Proceedings of the Seminar on the Khampepe Commission Report and the draft Bills relating to the demise of the Directorate of Special Operations (DSO)

This report details the proceedings of a seminar hosted by the Institute for Security Studies (ISS) on May 27, 2008, in Pretoria. The event focused on the Khampepe Commission Report and draft legislation—specifically the General Law Amendment Bill and the National Prosecuting Amendment Bill—concerning the disbanding of the Directorate of Special Operations (DSO), also known as the Scorpions.

• The Khampepe Commission concluded that the DSO's rationale for establishment remained valid and that its combined powers to prosecute and investigate were not unconstitutional. However, the report also noted issues that could be used to justify the DSO's removal, including the unit's conduct regarding media leaks, unsatisfactory mandate implementation, the DSO's role in gathering intelligence, and a lack of political accountability between the Ministers for Justice and Constitutional Development (J&CD) and Safety and Security.
• Experts expressed concern that the proposed replacement unit within the South African Police Services (SAPS) would be less effective in fighting organised crime because it would lack the integrated investigation and prosecution powers held by the DSO. Specific deficiencies identified in the draft Bills include the absence of search and seizure powers, a lack of clarity regarding financing, budgeting, and salaries, and the absence of information on the new unit's staff and organization.
• Regarding legal challenges to the DSO's disbanding, such as the failed court bid by Hugh Glenister, analysis suggested that while the constitution allows citizens to challenge government decisions to protect public rights, courts may be reluctant to interfere with the executive's power to initiate legislation or Parliament's right to deliberate on it due to the principle of separation of powers.
• The current state of the DSO, described as almost non-functional during its closure process, is expected to negatively impact the trust between prosecutors, investigators, and witnesses, which is considered the fundamental basis for court proceedings.

APA

Institute for Security Studies (2008). Proceedings of the Seminar on the Khampepe Commission Report and the draft Bills relating to the demise of the Directorate of Special Operations (DSO). https://issafrica.s3.amazonaws.com/site/uploads/SCORPSEMREP270508.PDF

Chicago

Institute for Security Studies. Proceedings of the Seminar on the Khampepe Commission Report and the draft Bills relating to the demise of the Directorate of Special Operations (DSO). 2008. https://issafrica.s3.amazonaws.com/site/uploads/SCORPSEMREP270508.PDF.

Wikipedia

{{cite report |author=Institute for Security Studies |title=Proceedings of the Seminar on the Khampepe Commission Report and the draft Bills relating to the demise of the Directorate of Special Operations (DSO) |date=27 May 2008 |url=https://issafrica.s3.amazonaws.com/site/uploads/SCORPSEMREP270508.PDF |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{instituteforsecuritystudies2008proceedings, author = {{Institute for Security Studies}}, title = {{Proceedings of the Seminar on the Khampepe Commission Report and the draft Bills relating to the demise of the Directorate of Special Operations (DSO)}}, institution = {Institute for Security Studies}, year = {2008}, month = may, url = {https://issafrica.s3.amazonaws.com/site/uploads/SCORPSEMREP270508.PDF}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }