Publication: Independent Online Issued: Date: 2007-09-24 Reporter: Sapa

Deeper Issues Cloud Pikoli Suspension - SACP

 

Publication 

Independent Online

Date

2007-09-24

Reporter

Sapa

Web Link

www.iol.co.za

 

There were deeper issues in the National Prosecuting Authority than simply the suspension of the National Director of Public Prosecutions (NDPP) Vusi Pikoli, the South African Communist Party (SACP) said on Monday.

"The way the Scorpions [and the National Prosecuting Authority] have continued to conduct themselves has raised a lot of eyebrows and the people have lost faith in the institutions," said SACP spokesperson Malesela Maleka.

He said an overhaul of the NPA and the Scorpions was needed in order to improve the public trust.

"More than perhaps the suspension, we need a serious overhaul which must be informed by the resolutions of the ANC National General Council in 2005 and the policy conference that took place this year," said Maleka.

This followed an announcement from the presidency that President Thabo Mbeki had suspended Pikoli on Monday.

"This decision was taken on the basis of an irretrievable breakdown in the working relationship between the Minister of Justice and Constitutional Development and the NDPP," said Government Communications and Information Systems spokesperson Themba Maseko.

He said the suspension was made in terms of Section 12 (6) (a) of the National Prosecution Act 32 of 1998.

Maseko said Mbeki considered the relationship between the minister and the NDPP central to the effective administration of justice and the "smooth functioning" of the National Prosecuting Authority (NPA).

"The relationship breakdown had adverse implications for the NPA and the functioning of the criminal justice system," he said.

He said an inquiry would be instituted to investigate the functioning and role of the NDPP. Recommendations would then be made to Mbeki.

Deputy National Director Mokotedi Mpshe had been appointed as acting director.

"Government would like to reassure all South Africans that the functioning of the justice system will not be compromised, especially within the context of the collective challenge to fight crime," said Maseko.

Democratic Alliance leader Helen Zille said it would request the justice portfolio committee to be recalled as soon as possible "for a full briefing" on Mbeki's decision. The committee was presently on a three-week recess.

The African Christian Democratic Party (ACDP) said it was "shocked" at Pikoli's suspension.

"We could understand it if the suspension related to incompetence or incapacity. However, merely to allege a breakdown of relationship is very drastic and draws into question the degree to which the NDPP can act impartially and without fear or favour," said ACDP spokesperson Libby Norton.

Norton said an inquiry should have been held before Pikoli was suspended.

She said the suspension would negatively affect the criminal justice system and morale in the NPA, which South Africa could not afford in view of the high crime rate.

"The ACDP believes that the justice and constitutional development portfolio committee should urgently reconvene and obtain a briefing on this matter," she said.

The Freedom Front Plus said the decision to "fire" Pikoli was related to the ANC's leadership struggle and was an example of Mbeki's double standards.

"It is inevitable that the conclusion will be drawn that President Mbeki's decision to fire Pikoli is related to the current leadership struggle within the ANC," said FF Plus leader Pieter Mulder.

He said it could also be asked whether Pikoli's suspension was connected to his failure to successfully prosecute ANC deputy president Jacob Zuma.

"It is well-known that there are huge problems surrounding senior persons in the safety and security cluster, for example, the police commissioner, Jackie Selebi.

"These problems have been dragging on for a long time and have a direct influence on the functioning of the safety and security community," he said, adding that it was "incredible" that Mbeki had not fired Selebi while removing Pikoli from his post.

"These double standards make the public wonder as to what the real motives behind the decision of President Mbeki were in the case of Advocate Pikoli", he said.

Independent Democrats leader Patricia de Lille said the party would only support Pikoli's suspension if he had failed to meet his "constitutional obligations" but not if it was due to a "relationship problem" between him and Minister Brigitte Mabandla.

"If the minister doesn't like his style, but he is doing his job, then it is a different matter. If he has carried out his constitutional mandate and the minister doesn't like it, then tough luck," De Lille wrote in a statement.

NPA spokesperson Tlali Tlali confirmed that Pikoli had been suspended but referred all questions to the GCIS.

Mbeki was currently attending the United Nations General Assembly in New York.

Presidential spokesperson Mukoni Ratshitanga was not immediately available for comment.

With acknowledgements to Sapa and Independent Online.