And Mbeki tried to protect Selebi by suspending me, says Pikoli

The Ginwala Inquiry's criticism of suspended prosecutions boss Vusi Pikoli was driven solely by its desire to protect former president Thabo Mbeki.

So contend Pikoli's lawyers, who The Star has established have written a detailed memo in response to Dr Frene Ginwala's findings that the national director of public prosecutions did not have adequate regard for national security issues.

While confirming that Pikoli and his legal team "do not agree with all the Ginwala report findings" and had asked to (and were granted) the right to make submissions on certain issues, Pikoli's lawyer today declined to provide any detail of this complaints.

"As a courtesy to President Kgalema Motlanthe, we will not comment at this time … although we will do so in due course," attorney Aslam Moosajee said.

While Pikoli maintains that his suspension by Mbeki was motivated by the ex-president's desire to protect former police boss Jackie Selebi from imminent arrest and prosecution, Ginwala has found that this was not the case. *1

And, while finding that Pikoli was indeed a fit and proper person for his position, Ginwala and her advisors criticised him over evidence that he had declined to give Mbeki two weeks in order to create an "enabling" environment for raids on Selebi's office and home.

The Ginwala report, which is yet to be released by Motlanthe, suggests that Pikoli should have deferred to Mbeki's request and chastens him for second-guessing the then head of state.

Pikoli told the inquiry that he felt the need to inform Mbeki after the Scorpions obtained search and seizure warrants on September 14 2006 and then had met him on September 15. 

"The president appeared shocked, and was not happy with the fact that we had obtained those warrants. First, because he felt that the process was still under way (to get the police to voluntarily provide the documents)," he said.

Mbeki had then asked him to hold off on executing the warrants for two weeks, but Pikoli said this was too long and instead agreed to wait for a week.

According to Pikoli, he believed that Mbeki could suspend Selebi during this period.

But, at a later meeting, Mbeki again stressed that he needed two weeks before the Scorpions could execute the warrants. Pointing out that the president gave no specific reason why he needed the extra time, Pikoli told the inquiry that he stood his ground.

Mbeki replied, according to Pikoli: "Vusi, do you know how angry the police are? Do you know there are police officers who are prepared to defy any court order?"

Days later, Justice Minister Brigitte Mabandla ordered Pikoli to put the Selebi investigation on ice and to provide her with all the Scorpions evidence against the then national commissioner. Pikoli's suspension by Mbeki followed less than a week later.

It is understood that Pikoli's lawyers are arguing that Ginwala's criticism of his handling of the Mbeki "two weeks" request was born out of a "particular protectiveness" towards the former president - who never testified at the inquiry.

They have also pointed out the "two weeks" issue was never raised as a complaint against Pikoli and only emerged when Pikoli himself gave evidence.

With acknowledgements to Karyn Maughan and The Star.