Feeling the Hawks: Why an anti-corruption agency should not be in the SAPS

Abstract

The Directorate for Priority Crime Investigation (DPCI), commonly known as the ‘Hawks’, is currently at a crossroads. The Constitutional Court judgment in Glenister vs the President of South Africa and Others has called into question the Directorate’s continued existence in its current form. One of the most important questions raised by the Constitutional Court judgment is whether the DPCI can be sufficiently independent while located within the SAPS. This article presents arguments in support of the view that separating the unit from the SAPS is essential to build public confidence in the unit and to meet the requirements of the judgment.