Glenister v President of the Republic of South Africa and Others, often known as Glenister II, is a 2011 decision of the Constitutional Court of South Africa, in which the court held that the state is constitutionally obligated to establish and maintain an independent agency to combat corruption.
Among other things, the latter act amended the South African Police Service Act 68 of 1995 to insert a new chapter 6A, which established the Hawks (formally the Directorate for Priority Crime Investigation) to replace the Scorpions; the Hawks were to be located within the South African Police Service, rather than within the National Prosecuting Authority.
For reasons set out in Ngcobo's judgment, the Constitutional Court granted leave to appeal and dismissed Glenister's broad challenge, holding that it was not in itself unconstitutional for Parliament to abolish the Scorpions and establish the Hawks.
For that reason, the majority declared that Chapter 6A of the amended South African Police Service Act was inconsistent with the Constitution.
The declaration of invalidity was suspended for 18 months in order to give Parliament the opportunity to remedy the defect.