Pikoli Not Suspended Over Selebi: Chikane |
Publication |
Sapa |
Issued | Johannesburg |
Reporter | Sapa |
Date | 2008-05-07 |
"It was far from the truth" *1 that
National Director of Public Prosecutions (NDPP) Vusi Pikoli was suspended for
arresting national police Commissioner Jackie Selebi, the Ginwala Commission
heard on Wednesday.
"At no stage did the president or myself say no official in government could be
arrested," Director General in the Presidency Reverend Frank Chikane told the
commission.
He said the problem was "the way in which it was going to be done".
This, especially when dealing with "sensitive matters of crime intelligence and
military intelligence and so on".
Chikane told the commission he had facilitated an NDPP request for documents
from criminal intelligence.
He was therefore surprised when the NDPP asked for a meeting with President
Thabo Mbeki. He presumed it wanted to hand over a report on the outcome of its
findings.
"Instead of a report... (Pikoli) arrived to say 'President I have now acquired
the warrant'; it was contained in a black bag."
Chikane -- who was present at the meeting -- said Pikoli's attitude appeared to
be one of: "It doesn't matter what process you set up, I'm going to do it my
way".
This was in spite of Chikane having pointed out to him that he would need the
assistance of the Commander-in-Chief, Mbeki, to do so.
Chikane also expressed concerns about the manner in which the NDPP went about
conducting search and seizures at the Union Buildings, in Pretoria, and Tuynhuys
in Cape Town.
He had asked Pikoli whether the operatives who conducted the search had been
vetted by the National Intelligence Agency (NIA). Pikoli told him he was unsure
and would ask Gauteng Scorpions' head Gerrie Nel.
Pikoli did not even know who was going to the Union Buildings, Chikane told the
commission.
"What I expected, if you are going to search the office of the President of the
country, you make sure everything is done in accordance with the law," he said
under cross-examination by Tim Bruinders for Pikoli.
The NDPP had failed to take into account that its operative and the private
company engaged to carry out the search and seizures needed to be vetted by the
NIA.
Both venues were national keypoints and the documents were of varying degrees of
classification.
"... You would expect a state entity would understand that and take it
seriously," Chikane told the commission.
"I can't stop search and seizures, but I have a responsibility to ask 'are these
people vetted to conduct the search and seizures?'"
Chikane told the commission that in his involvement in the Heffer commission
into leaks, he had also found that Scorpions officials were not appropriately
vetted for the tasks they had performed.
With acknowledgements to Sapa.