Party seeks fresh Pikoli probe, and explanation of political interference, write Karima Brown and Amy Musgrave

The South African Communist Party (SACP) wants a judicial inquiry into the suspension of former head of the National Prosecuting Authority (NPA) Vusi Pikoli.
It also wants Parliament to call the NPA "to account" for allowing political interference in the investigation of African National Congress (ANC) leader Jacob Zuma, and to lead a public debate on the NPA's future autonomy.

The SACP's call is the first salvo against the NPA from the African National Congress (ANC) allies following the recall of former president Thabo Mbeki.

The NPA has yet to announce whether it has decided to continue its fraud and corruption prosecution against Zuma following Judge Chris Nicholson's judgment two weeks ago.

Mbeki is seeking relief from the Constitutional Court following Nicholson's suggestion that he interfered in the work of the NPA. In papers before the court, Mbeki denie s interfering .

Pikoli is still awaiting the outcome of the Frene Ginwala inquiry into his fitness to hold office. During the inquiry's public hearings, Pikoli submitted evidence that Mbeki had interfered in his prosecution of suspended police commissioner Jackie Selebi.

There is fierce debate in the ANC and its alliance partners on what the relationship should be between the new executive and the National Directorate of Public Prosecutions , and how to censure it for allowing meddling by its past political masters.

ANC spokeswoman Jessie Duarte said on Friday that the party could not yet respond to the call as it had not yet discussed the matter . "I am sure the SACP will bring the matter to us in an alliance secretariat. After such a meeting we will be in a position to respond comprehensively."

The SACP's push is likely to resonate among many ANC members who hold the view that the NPA was used as a political tool in the party's leadership squabbles.

"It is going to be important to take swift action on all matters relating to the improper political interference in the operations of the NPA by senior political office-bearers, and also set in motion the necessary processes to get to the bottom of all this," the party's general secretary, Blade Nzimande, said at its policy conference on Friday.

"A very strong message needs to be sent out to the whole of society that at no stage - now or in the future - should we allow organs of state to be used for internal party-political machinations or to pursue narrow factionalist agendas."

Nzimande said Mbeki was implicated in the sacking of Pikoli and so could not also be the final arbiter, through his appointment of Ginwala's inquiry, on whether there was any wrongdoing.

Zuma and the NPA are opposing Mbeki's Constitutional Court application for leave to appeal Nicholson's findings.

Nzimande told the SACP conference on Friday that the spectre of Mbeki vs Zuma in the Constitutional Court was an "unpleasant" development *1. The party also called on the cabinet to rethink appealing Nicholson's judgment.

"The present Ginwala commission, handpicked by the very forces that appear to be implicated in wrongdoing, is entirely inadequate," he said. "Judge Nicholson was not required to make a definitive legal finding on this and other related matters. It is now time to ensure that such a definitive finding is made."

The SACP believes the Nicholson judgment has "fundamental" implications for the transformation and repositioning of the criminal justice system, especially the NPA. "The SACP is also of the view that Parliament needs to take urgent steps to call the NPA to account on the very many serious findings made by Judge Nicholson," Nzimande said. "Most importantly, this must also be an opportunity for Parliament to correct its very serious lapses in the past in not decisively acting on the recommendations of the Public Protector in 2006.

"All Parliament did was to appoint an ad hoc committee which strangely only endorsed the report without following up on the very specific recommendations contained therein.

"For example, the public protector complained about the nonco-operation of the then minister of justice (Penuel Maduna) and the national director of public prosecutions (Bulelani Ngcuka) with his investigation and the disdain with which the minister and director treated him." The public protector had investigated leaks to the media from the NPA on its investigation of Zuma.

Nzimande said the current review of the criminal justice system had to be rethought in the light of the Nicholson judgment.

"Clearly, the relationship between the prosecuting authority and political office-bearers responsible for oversight of this institution is a matter for urgent attention as part of this review.

"The executive interference referred to by Judge Nicholson was not news to those of us in the ANC and broader alliance. Nor was it confined to the examples provided by the judge... We have many more examples (of political interference), more than the judge gave," Nzimande said.

n The national director of public prosecutions on Friday gave notice that he would oppose Mbeki's application to the Constitutional Court to appeal Nicholson's judgment because the prosecutions boss is bringing an appeal against it to the Supreme Court of Appeal.

Senior Special Investigator Johan Du Plooy, on behalf of acting national director of public prosecutions Mokotedi Mpshe, said in an affidavit to the Constitutional Court that he intended to appeal "the entire judgment" of Nicholson, including the findings concerning political interference.

In particular, Du Plooy said he intended to appeal "the high court's findings concerning political meddling" in the Zuma prosecution which, if correct, involved the noncompliance by the NPA with the constitution and the National Prosecuting Authority Act *2.

But Du Plooy said Mbeki's application should not be heard independently of the appeal process initiated by the NPA. He recommended that it be postponed indefinitely and be enrolled only after the Supreme Court of Appeal avenue was exhausted.

With acknowledgements to Karima Brown, Amy Musgrave, Franny Rabkin and Business Day.