Publication: Sunday Independent Issued: Date: 2006-10-15 Reporter: Moshoeshoe Monare Reporter:

The Day I am Told Who to Prosecute is the Day I Resign, says NPA Chief

 

Publication 

Sunday Independent
Date

2006-10-15

Reporter

Moshoeshoe Monare

Web Link

www.sundayindependent.co.za

 

The head of the National Prosecuting Authority (NPA), Vusi Pikoli, says he will not resign if Jacob Zuma becomes president - even though he worked tirelessly to put the ANC deputy president behind bars.

But he would resign, he says, if he were subjected to political pressure to either prosecute or not prosecute Zuma.

"The minister of justice cannot tell me who to prosecute or not to prosecute, the president of the country cannot tell me who to prosecute or not to prosecute.

"The day I find myself faced with a situation like that, that's the day I resign."

The NPA has been accused of being used as part of a political conspiracy to ensure Zuma does not become president.

Pikoli emphasised that he had no regrets about pursuing corruption charges against Zuma.

"We would not have brought charges against him if we didn't believe there was a case to be answered … it was the right decision," he said.

Pikoli said he had not decided whether to reinstate the charges against Zuma, which have been struck off the roll by the Pietermaritzburg high court.

The outcome of the Schabir Shaik appeal would strongly influence his decision, he said.

"We are awaiting the outcome of the Schabir Shaik appeal, which might affect the issue. And the appeal on the search and seizure operations is still pending."

The NPA charged Zuma on the basis of, among other things, Judge Hillary Squires' finding that there was "a generally corrupt relationship" between Shaik and Zuma.

Squires implied that the relationship between Pikoli's predecessor, Bulelani Ngcuka, and Penuell Maduna, the former justice minister, was unhealthy.

Ngcuka told reporters that there was a prima facie, but unwinnable, corruption case against Zuma.

That pronouncement, made in Maduna's presence, is still being exploited by Zuma to argue that his trial was politically motivated.

Pikoli acknowledged that there were negative public perceptions about the NPA but maintained that he was an independent prosecutor who would do his work impartially even under a Zuma presidency.

"As prosecutors, we can't allow ourselves to be drawn into the political arena. The NPA is an institution that is expected to outlast ruling parties."

Pikoli said he would not hesitate to prosecute President Thabo Mbeki if there was evidence to suggest his involvement in corruption *1.

"If there is reason to investigate someone - including the president of the country or a minister - and if there are legal grounds for such an investigation, then nobody is above the law."

Mbeki this week proclaimed himself innocent of corrupt dealings in the recent multibillion-rand arms procurement. He challenged parliament to investigate his actions when he was quizzed about persistent rumours that he was involved in arms-deal corruption.

Former Limpopo premier Ngoako Ramatlhodi, who was earmarked for Pikoli's job until allegations of corruption involving him surfaced, has complained that he and others were targeted by the NPA's Scorpions investigators for political reasons. Pikoli dismissed this and confirmed that he was pursuing the case against Ramatlhodi.

Police swooped on two of Pikoli's former senior managers, Geoff Ledwaba and Ayanda Dlodlo, on Friday. Ledwaba was head of Scorpions operations and Dlodlo was head of the NPA's strategic operations. They appeared in the Pretoria specialised commercial crimes court on charges of corruption and fraud.

Their arrests come barely a fortnight after the Scorpions' senior advocate, Portia Kgantsi, was arrested for accepting bribes in exchange for quashing cases *2.

With acknowledgements to Moshoeshoe Monare and Sunday Independent


*1      Well, don't just sit there - do it, because there is prima facie evidence of unlawfulness.


*2      Or did Portia Kgantsi accept a bribe in exchange for quashing the case?