Charin de Beer, the woman who prosecuted Jacob Zuma for rape and kick-started the Scorpions' investigation of National Police Commissioner Jackie Selebi, will defend suspended prosecuting boss Vusi Pikoli against the government's claims that he is unfit to do his job.

De Beer, the Gauteng Director of Public Prosecutions, heads a list of witnesses for Pikoli which includes Gerrie Nel, a specialised investigator who also probed Selebi and Zuma.

However, Pikoli's political boss, Justice Minister Brigitte Mabandla, is not going to testify against him, despite President Thabo Mbeki giving her poor relationship with him as the reason for his axing.

Instead, the state's witnesses against Pikoli include justice director-general Menzi Simelane; Selebi's temporary replacement as police commissioner, Tim Williams; Mbeki's right-hand man in the Presidency, Frank Chikane; and Manala Manzini, the intelligence boss who helped to obtain a disputed affidavit clearing Selebi of any wrongdoing from alleged crime lord Glenn Agliotti.

These details emerged yesterday after the Ginwala Commission, which will today begin evaluating Pikoli's fitness to hold office, finally confirmed the names of the potential witnesses for and against Pikoli.

Also included on the government's witness list is Deputy Minister of Justice and Constitutional Development Johnny de Lange who, in contrast to Mabandla, has never filed a sworn statement listing any grievances against Pikoli.

Speaking to The Star yesterday, Mabandla's spokesperson, Zolile Nqayi, denied there was anything untoward about Mabandla's decision not to take the witness stand.

Nqayi has previously denied any suggestion that Mabandla was anxious to avoid testifying against Pikoli and thereby escape facing the prospect of cross-examination by Pikoli's advocate, Wim Trengove SC. "We have never had a problem with testifying," he said.

While Pikoli's attorney, Aslam Moosajee, said he was surprised that Mabandla was not on the government's witness list, he refused to comment any further on the issue. "It would not be appropriate at this stage," he said.

Pikoli, who claims he was suspended by Mbeki in September last year because of the Scorpions' corruption investigation into Selebi, has indicated that he might call De Beer, Selebi, Nel and Deputy Director of Public Prosecutions JP Pretorius as defence witnesses.

With acknowledgements to Karyn Maughan and The Star.