Government goes on offensive to calm unease over Mbeki’s decision

The storm over President Thabo Mbeki’s controversial suspension of prosecutions chief Vusi Pikoli intensified yesterday, with sources close to Pikoli claiming that delays in the Jacob Zuma trial were behind the move.

They cited repeated hold-ups by the National Prosecuting Authority (NPA) on its decision on whether to re-charge Zuma after his corruption trial was thrown out of court in September last year as the main reason for the suspension.

The claims could fuel charges frequently made by Mbeki’s opponents that he is using state organs to pursue his internal political battles in the ruling African National Congress (ANC).

Zuma is a frontrunner in the ANC presidential succession race , which will be decided in December. His supporters, including the ANC Youth League and the Congress of South African Trade Unions, say they will back him even if he is charged again.

Pikoli had egg on his face after Zuma’s case was struck off the roll, and since then the NPA has been threatening to charge Zuma again. Zuma, meanwhile, has also been demanding his day in court.

“The talk has been for a few months that there was pressure from high office for Zuma to be charged or not. We believe this has something to do with what has happened,” a senior member of the Scorpions said.

Another source said: “My suspicion is that it has something to do with the Zuma matter one way or the other.” Yesterday, Mbeki took the unusual step of having Frank Chikane, director-general in the Presidency, brief leaders of political parties on the matter.

Yesterday, the government remained tight-lipped over the details of the suspension, and instead questioned Pikoli’s “fitness” to fight crime.

“The constitutional requirements (of the national directorate of public prosecutions) have not been fulfilled and the president had to intervene. We’ve got crime in the country, we need to deal with crime and we don’t want any dysfunctional ways in which people operate in terms of the law affecting the justice system,” said Chikane.

The government has also cited a breakdown in the relationship between Pikoli and Justice Minister Brigitte Mabandla as a reason for the suspension.

But opposition parties in Parliament were unmoved by the Presidency’s explanation.

“We appreciate the fact that we have been called but we would have appreciated it more if we had been told why this drastic step has been taken,” Democratic Alliance (DA) leader in Parliament, Sandra Botha, said after the briefing from Chikane.

The surprise decision had “immense implications” because of the cases being investigated by the NPA, DA leader Helen Zille said.

Willie Spies of the Freedom Front Plus said: “We have left with more questions than there were answers.” It appeared as if the Presidency was busy with “damage control”.

Mbeki, who was out of the country yesterday attending the United Nations General Assembly meeting in New York, has made no personal statements on the issue. However, government spokesman Themba Maseko said Mbeki considered the relationship between the minister and the national directorate of prosecutions to be central to the effective administration of justice and the “smooth functioning” of the NPA.

“The relationship breakdown had adverse implications for the NPA and the functioning of the criminal justice system,” Maseko said. He said an inquiry would investigate the functioning and role of the directorate. Recommendations would then be made to the president.

More than one opposition party said they were now awaiting the outcome of an inquiry to provide answers on the president’s motivation.

Yesterday’s briefing with Chikane and with Acting President and Communications Minister Ivy Matsepe-Casaburri lasted more than two hours.

Answering reporters’ questions afterwards, Chikane said it was not a breakdown of the personal relationship between Pikoli and Mabandla that led to the suspension but rather in the structural relationship determined by the constitution where “something had gone wrong”.

Botha said of the explanation: “I have got to accept that it is the reason for the time being, but I expect that the process that follows will be far more transparent and give us clear reasons. Otherwise we won’t believe it.”

Independent Democrats leader Patricia de Lille said she believed the “real reason” would only become clear from the inquiry .

She said she told the meeting that there was a need for the inquiry to be independent.

“It impacts on a very important constitutional requirement and that is the separation of powers between the executive, judiciary and Parliament, and in this instance you see the executive has taken action against a member of the judiciary,” she said.

ANC chief whip Isaac Mogase, in contrast with the other political parties, said he was happy with the briefing.

“I think we understood everything and we are happy (with the reasons given),” he said.

With acknowledgements to Amy Musgrave, Hajra Omarjee and Business Day.