The new public protector says she will leave the dispute over the state capture report prepared by h.
Businessman Hugh Glenister's lawyer argued passionately in the Constitutional Court yesterday to stop the legislation that will move the Scorpions to the police.
But the judges expressed concerns over the ramifications of the intervention in the parliamentary processes.
"This is a case where initiating legislation gives rise to the destruction of an institution," said David Unterhalter.
He said according to the NPA's acting head, Mokotedi Mpshe, staff were leaving as morale was low and the capacity to prosecute organised crime would be lost during the legislative process.
He argued that by initiating legislation based on an ANC resolution, the cabinet was subordinating the law so that certain ANC national executive committee members could avoid scrutiny.
Judge Sandile Ngcobo said: "These considerations should be placed before Parliament. Hearings about this are at present going on."
Judge Kate O'Regan said it was speculative to argue that the Scorpions would be ineffective until the process was complete.
The hearing continues. - Sapa