The government admitted yesterday prosecutions boss Vusi Pikoli was
suspended as head of the National Prosecuting Authority (NPA) because the
Presidency disagreed with the way he investigated national police commissioner
Jackie Selebi.
The manner of the investigation and planned arrest of Selebi "was not
appropriate," the director-general in the Presidency, Rev Frank Chikane, said
yesterday at the Ginwala inquiry into Pikoli's fitness to hold office.
"At no point did the president say he (Pikoli) cannot arrest (Selebi). The issue
was the way in which it was going to be done ... the manner and
lack of sensitivity *1," Chikane said.
Chikane and Deputy Justice Minister Johnny de Lange were the first to testify on
the government's behalf.
Chikane's testimony was dominated by his experiences of raids conducted by the
NPA on the Union Buildings, and the interaction between Pikoli and the executive
about the arrest warrant for Selebi.
He also told the inquiry of his experience at the hands of the NPA during their
handling of the plea bargain of apartheid-era law and order minister Adriaan
Vlok for an attempt on Chikane's own life by means of poisoning.
President Thabo Mbeki instituted the Ginwala inquiry after suspending Pikoli in
September last year. The official reason given was an irretrievable breakdown in
the relationship between Pikoli and his political head Justice Minister
Brigitte Mabandla. But Mbeki acted against Pikoli just days after the NPA had
obtained an arrest warrant for Selebi.
Allegations of Selebi's corrupt activities had been reported in the media and
Mbeki could not escape criticism that he was protecting the top cop. Selebi was
charged earlier this year.
Pikoli's lawyers, in their written submission, said there was only "one reason"
for his suspension. "It was to put a spoke in the wheels of the investigation
and prosecution of Selebi."
Although Chikane tried to defend the Presidency on a range of procedural issues,
he could not deny that the timeline that led to the latter's suspension was
linked to the Selebi investigation.
Chikane explained that during an attempt by him to co- ordinate a "diplomatic
settlement" whereby the NPA could obtain documents that it had wanted from the
police Pikoli requested a meeting with Mbeki and informed the Presidency that
the NPA would execute both a search and seizure and an arrest warrant against
Selebi.
"For me it looked like it (the process) did not matter, like he was saying I'm
going to execute my responsibility . It was almost like saying to the president,
I don't need your assistance," Chikane said.
However, during cross-examination, a visibly stressed *2
Chikane could not explain *3 why he had not
formally expressed his misgivings about the NPA's raid on the Union Buildings in
2005.
The NPA, as part of its corruption investigation into
African National Congress president Jacob Zuma, raided the Union Buildings and
Tuynhuys.*5
Chikane disclosed yesterday that copies of
classified documents taken during the raid were still in his safe.
But, while he was "alarmed" by a number of matters, including the possibility of
investigators and technical personnel not having security clearance, he had not
written a formal complaint to either Pikoli or Mabandla, the NPA's political
head.
"It alarmed me greatly. I did not write a report because
National Intelligence was there *6," Chikane said.
Pikoli's lawyers, in their written submission, said the Union Buildings raid was
only raised by the state to try to justify the president's action.
Under cross-examination Chikane appeared uncomfortable
when he admitted that he had not followed up his concerns over the incident.
Chikane said an incident in which he claimed to have been threatened made him
wary of the NPA.
"You get into court, the people who consult you about the case are insensitive
and threaten to charge you and engage in power games *7
using you as a victim ... t o try to get a plea bargain," said Chikane.
Chikane's cross-examination continues today.*8
Senior officials of the intelligence and justice ministries are also
expected to testify against Pikoli.
With acknowledgements to Hajra Omarjee, Sapa
and Business
Day.
*1Dealing with a chacma baboon
requires the opposite of sensitivity.
*2*3The telltale of the master cross-examiner - Advocate Wim
Trengrove SC.
He'll rid these nincampoops of their nonsense.
It's just a pity he cannot get to the Minister of Justice and The President.
*5This is the real deal - the rest is just a smokescreen.
Reasons :
A.Chikane is not important enough for Mbeki to take such
strong action against the NDPP when the former feels bothered by something that
happened decades ago (like some of Dr Wouter Basson's mischief in his
underpants).
B.Selebi is not important enough for Mbeki to take such
strong action against the NDPP when the latter has compelling evidence of the
former's criminality.
C.Mbeki is important enough for Mbeki to take such strong
action against the NDPP when the latter tells him that there is sufficient
reason to investigate allegations that the former took bribes regarding the
corvette and submarine components of the Arms Deal.
*6National Intelligence knows about these things.
*7This is, after all, Mbeki's political kitchen and Chikane
is, after all, one of Mbeki's chief political chefs cooking up all kinds of
savory political affairs.
*8I wonder whether the good reverend was warned that he was
in the middle of testimony and that he may not discuss his evidence nor
cross-examination with any one whatsoever.
I also wonder whether Mbeki and the other good doctor of facts, the Dr Essop
Pahad, were having a few nice Johnny Walker Blue Labels with the reverend last
night into the wee hours.