The presidency has made a 'bizarre' settlement offer to the suspended NPA
boss to prevent the release of information
The presidency has launched an 11th-hour bid to prevent
embarrassing confidential information behind the
suspension of Vusi Pikoli, the national prosecuting authority boss, from being
made public.
Sources have told The Sunday Independent that hours before the suspended Pikoli
was due to release documents detailing what he told President Thabo Mbeki and
other high-ranking officials about Jackie Selebi's alleged corruption, he
received a settlement offer from the government.
The offer, which Mukoni Ratshitanga, the presidency spokesman, said he was
unable to confirm or comment upon, proposed that Mbeki "might" consider lifting
Pikoli's suspension in exchange for his agreement to
resign *1.
The proposed deal was made on Friday, the same day that lawyers for the
government informed Pikoli's legal team that they would apply for certain parts
of the public hearing into his fitness to hold office to be heard in secret.
While confirming that the government's stance had temporarily halted Pikoli's
plans to release documents challenging the government's case for his axing,
Aslam Moosajee, Pikoli's attorney, said he could not confirm or deny the
proposal or give any details of how such an offer would be received by his
client.
However, a source close to Pikoli has told The Sunday Independent that it was
"highly unlikely" that Pikoli - who argues that he was suspended because of his
and the Scorpions' refusal to back down from their corruption probe into Selebi
- would accept the "bizarre" proposal.
"Vusi believes that it is essential to the continued democratic functioning of
South Africa that the government acknowledges that the NPA must be independent.
He will not accept any agreement that does not recognise that," one of the
sources said.
The government's offer comes after Frene Ginwala, who is heading the commission
into Pikoli's fitness to hold office, informed lawyers for Pikoli and the
government that she wanted to hear testimony from each side.
This means that Pikoli's accusers, who include Brigitte Mabandla, the justice
minister, Menzi Simelane, the director-general of justice, and Manala Manzini,
the national intelligence agency head - who helped to obtain a disputed
affidavit from crime lord Glenn Agliotti clearing Selebi of any wrongdoing -
will be required to take the witness stand.
Other potential witnesses for the government include Frank Chikane, the
director-general for the presidency, and Tim Williams, Selebi's replacement as
national police commissioner, both of whom gave affidavits in support of
Mabandla's bid to have Pikoli fired.
Zolile Nqayi, a spokesman for the justice department, said yesterday that,
although he could confirm that the government had been asked by Ginwala to
prepare a list of witnesses, he was unable to say who they would be. He stressed
that the department "had never had a problem" with the prospect of its
highest-ranking officials being cross-examined over Pikoli's controversial
suspension.
"If that is what we are required to do, we will comply," he said, adding that he
was unable to comment on what evidence the government would ask Ginwala to hear
behind closed doors.
Mbeki suspended Pikoli on September 24, two weeks after the NPA obtained an
arrest warrant against Selebi. The president cited a breakdown in the
relationship between Pikoli and Mabandla as the reason for the suspension. Mbeki
appointed Ginwala to examine Pikoli's fitness to hold office, as well as his
working relationship with Mabandla.
Among the witnesses supporting Pikoli is Mokotedi Mpshe, the acting NPA head,
and Scorpions prosecutor Gerrie Nel, who is heading the state's case against
Selebi.
Mpshe has challenged Selebi's claims that the Scorpions had investigated him in
"bad faith" and failed to keep Mbeki and his ministers properly informed of
their case against him.
In an affidavit before the Pretoria high court, Mpshe said there was "constant
communication" between Pikoli, Mbeki and Mabandla about the Selebi
investigation, casting doubts on Mbeki's claims that he was ignorant of any
alleged wrongdoing by Selebi.
With acknowledgements to Karyn Maughan and Sunday Independent.
*1A deal made in heaven - for Mbeki.
One aspect which is probably being hidden is a giant payout offer to Pikoli.