Publication: Business Day Issued: Date: 2007-09-25 Reporter: Linda Ensor

Pikoli Suspension ‘Blow to NPA Independence’ 

 

Publication 

Business Day
Date 2007-09-25

Reporter

 Linda Ensor

Web Link

www.businessday.co.za

 

Cape Town ­ President Thabo Mbeki’s suspension of national director of public prosecutions Vusi Pikoli was a blow to the National Prosecuting Authority’s (NPA’s) struggle to survive as an autonomous institution, independent of political interference, opposition parties said yesterday.

Mbeki yesterday announced in a short statement Pikoli’s suspension “with immediate effect” on the grounds of the “irretrievable breakdown” in Pikoli’s working relationship with Justice Minister Brigitte Mabandla.

The NPA is involved in two highly politicised cases: the alleged corruption of presidential hopeful Jacob Zuma and the suspected assassination of former mining magnate Brett Kebble.

Its battle to operate independently intensified last year with Mbeki’s appointment of the Khampepe commission of inquiry into whether the Directorate of Special Operations (the Scorpions) should continue to fall under the NPA or be absorbed into the police force .

The government is amending the NPA Act to place the Scorpions under the joint oversight of the justice and safety and security ministries, as proposed by the Khampepe commission.

Business Day understands that the reasons for Pikoli’s suspension involve his alleged “flouting” of operational directives by the cabinet flowing from its adoption of the Khampepe commission recommendations.

The commission recommended that the Scorpions be retained within the NPA, but that Safety and Security Minister Charles Nqakula assume political oversight and responsibility for its law-enforcement operations. It was apparently Pikoli’s resistance to this that led to his suspension.

Pikoli was required to report to both Mabandla and Nqakula on the nature of investigations undertaken and prosecutorial decisions made by the Scorpions.

His failure to do so meant the two ministers were unable to report to Mbeki and the cabinet on developments in Pikoli’s office and on whether the relationship between the police and the Scorpions was improving.

Interventions by the cabinet committee for the justice cluster failed to resolve the matter.

Government spokesman Themba Maseko said that Mbeki considered the relationship between Mabandla and Pikoli to be “central to the effective administration of justice and the smooth functioning of the NPA”.

Its breakdown had adverse implications for the NPA and the functioning of the criminal justice system. He said that an inquiry into Pikoli’s role would be held and recommendations made to Mbeki. Deputy national director of prosecutions Mokotedi Mpshe would replace Pikoli in an acting capacity.

Opposition parties questioned whether Pikoli’s suspension was legal in terms of the NPA Act , which allows for provisional suspensions pending an inquiry only on the grounds of misconduct; continued ill-health; incapacity to carry out the duties of office efficiently; or no longer being a fit and proper person.

Democratic Alliance (DA) leader Helen Zille said the DA would ask for the justice committee of Parliament to be recalled as a matter of urgency to investigate the suspension, which she said had “immense national implications”.

DA justice spokesman Tertius Delport said whatever the facts behind “the extraordinary” act of Pikoli’s suspension, the perception would be created of political interference in prosecutorial affairs, which was “absolutely not good for our democracy *1”.

“I am extremely perturbed. The reasons given are so flimsy that they give rise to all kinds of speculation,” Delport said.

Freedom Front Plus leader Dr Pieter Mulder said it was inevitable the conclusion would be drawn that Pikoli’s suspension was related to the leadership struggle in the African National Congress. “The question can also be asked whether the step was motivated by Mbeki’s impatience with Pikoli because he has … not succeeded in successfully prosecuting Jacob Zuma.”

With acknowledgements to Linda Ensor and Business Day.


*1       A democracy only in name.