The Constitutional Court on Thursday said the legislation that disbanded the Scorpions is unconstitutional and gave Parliament 18 months to make the Hawks fully independent.
Judges ruled on Thursday morning on businessman Hugh Glenister’s application to declare the legislation that created the Hawks un-constitutional.
The ANC took a decision to disband the Scorpions at its Polokwane Conference after the unit led the investigation into corruption charges against President Jacob Zuma.
Deputy Chief Justice Dikgang Moseneke wrote the majority judgement.
“To create an anti-corruption unit that is not adequately independent and thereby ignoring binding international law is not a reasonable constitutional measure,” he said.