Mbeki Had Enough Time: Pikoli |
Publication |
Sapa |
Issued | Johannesburg |
Reporter | Jenni O'Grady |
Date | 2008-07-08 |
Suspended prosecutions boss Vusi Pikoli said he did not intend turning the
country into a "wasteland" due to a backlash caused by arresting National Police
Commissioner Jackie Selebi.
He told the Ginwala inquiry into his fitness to hold office on Tuesday that he
believed one week was enough time for President
Thabo Mbeki to deal with any security concerns and was never told after the
initial meeting that Mbeki needed more time.
"He could have said on the 22nd or the 23rd of September 'look Vusi, I have
really tried to create this but it looks like the week you have given me is
unreasonable'. I would have considered it," Pikoli said.
Pikoli was suspended on September 23, a week after telling Mbeki that he had
obtained search and arrest warrants against Selebi. Selebi has made initial
court appearances and would go on trial next April to face corruption and
defeating the ends of justice charges.
Pikoli said that the National Prosecuting Authority's work would not have been
compromised if Selebi had been arrested just as "Joe Soap", without his police
title and as the head of Interpol.
"But we needed to do what we needed to do," he said, adding that everyone was
equal before the law.
He said that in the week before his suspension the issue was not about
prosecutorial independence, because the decision had already been taken to
prosecute Selebi.
It was more about not having a crisis or an area of embarrassment for the
country.
Mbeki had already hinted at the possibility of angry policemen.
"As the National Director, obviously I wouldn't want this country reduced to a
wasteland," he said.
He had taken an oath of office and had
responsibilities under the Constitution.
"It would be like saying the national commissioner can't be arrested because
police officers will cause mayhem. We must close down as the NPA if we are going
to be helpless in the face of these threats."
He was responding to questions from inquiry assessor, Ismail Semenya, on whether
one or two weeks' notice given to Mbeki would have made any difference to the
outcome of the case.
Pikoli said that once a warrant was secured, it was important to execute it
quickly, to retain the element of surprise.
He believed that by asking his director, Frank Chikane, to arrange a national
security cluster meeting on the matter, Mbeki was conceding to one week.
He denied earlier suggestions that he had lied about the time frame discussion
with Mbeki.
Late in the afternoon, Gerrie Nel, the regional head of the Directorate of
Special Operations in Gauteng, spoke of the search at
former deputy president Jacob Zuma's office at the Union Buildings in the course
of an investigation into a controversial multi-billion rand arms deal.
The State has led evidence that the searches were conducted without regard for
the buildings' status as a key point which houses classified documents.
Nel said that as the person appointed to oversee the searches, two days before
the searches he met Chikane to discuss the search.
On the morning of the search they discussed with Chikane who to serve the
warrant on, what the search process would be and what they would do with
documents pointed out by a presidency advocate as "in dispute" as to their
relevance, or being classified.
He said the search was proceeding well but
then agents from the National Intelligence Agency (NIA)
arrived.
"Initially it was an easy search. People agreed on documents and the process
wasn't that difficult," said Nel. "Then the NIA arrived and there were
arguments about most of the documents people wanted to
access."
The search was conducted by the KPMG because they had worked on the trial of
Zuma's financial adviser Schabir Shaik who was convicted of fraud relating to a
bribe allegedly received by Zuma in return for protection during an arms deal
probe. A computer firm made copies of the hard drives.
The inquiry has heard that neither the KPMG nor the computer firm had security
vetting but Nel said there had been no breach of security.
"No such breach has ever been brought to my attention," he said. "If there was
any dispute about a document, the document was sealed."
The NIA later made copies of the hard drives and these were sealed and placed in
a DSO safe in Chikane's office, where they remain.
The validity of the searches conducted that day are still awaiting judgment by
the Constitutional Court after Zuma challenged them.
The inquiry continues on Wednesday.
With acknowledgements to Jenni O'Grady
and Sapa.