The South African Police Service came under fire at the Khampepe commission yesterday for not providing suggestions on how to improve its co-operation with the Scorpions.

The commission yesterday concluded nine days of oral representations into the location and mandate of the Scorpions. It was established to consider tension between the two agencies following overlaps in their work and a complaint by the National Intelligence Agency (NIA) that the Scorpions could pose a threat to national security.

Judge Sisi Khampepe told police counsel Philip Jacobs that he should ask for recommendations from police commissioner Jackie Selebi on what could be done to improve co-operation in what was “undoubtedly” a relationship problem.

Khampepe’s concern followed Jacobs’ submission yesterday that he remained convinced the Scorpions were a temporary measure while police were undergoing transformation.

Jacobs said the ministerial co-ordinating committee that should define guidelines for the Scorpions could not remedy problems between the two agencies.

Commission evidence leader Ishmael Semenya complained to Jacobs that he did not provide suggestions to resolve the problem.

Semenya said the Scorpions and the National Prosecuting Authority had promised to submit ideas on how the two agencies could work together.

Khampepe said NIA director-general Billy Masetlha had, without hesitation, advised the commission that he would be willing to address the problem with the parties.

“It is in the spirit of co-operation that I call you to come back with appropriate recommendations,” Khampepe said.

Scorpions counsel Marumo Moerane said the unit’s attitude was that there should be co-operative efforts among law enforcement agencies to solve crime in SA.

Moerane said the terms of reference of the commission did not include an inquiry into the constitutionality of the unit. He said relocating the unit would amount to its destruction.

Moerane said those who said the original reason for having the unit no longer existed did not take into account the nature of organised crime. He said the threat of organised crime required sophisticated investigative methods.

Moerane recommended that an amendment to the intelligence oversight law should be enacted to bring the Scorpions under the oversight of the inspector general of intelligence.

“This will take care of concerns raised about a lack of oversight, provided that it does not interfere with investigations the unit is undertaking,” Moerane said.

He said there was no need to create another structure to oversee the Scorpions because current provisions in law were sufficient.

Moerane said that the ministerial committee “should do its work”.

“Certain legislative amendments should be made to ensure that the ministerial co-ordinating committee works better,” he said.

With acknowledgements to Ernest Mabuza and Business Day.