Former justice minister Brigitte Mabandla, now minister of public
enterprises, could face the full force of the law for allegedly meddling in the
prosecution of police boss Jackie Selebi. It will now be up to the police to
decide whether there is a prima facie case of interference in the work of the
National Prosecuting Authority (NPA) against her, after Independent Democrats
leader Patricia de Lille lodged a complaint at the Cape Town central police
station this week.
This follows President Kgalema Motlanthe’s release of the Ginwala inquiry report
into suspended prosecutions boss Vusi Pikoli’s fitness to hold office. Although
former parliamentary speaker Frene Ginwala found Pikoli to be a fit and proper
person to lead the NPA, Motlanthe announced he would ask Parliament to fire
Pikoli on the strength of Ginwala’s concerns about his regard for national
security.
The report is scathing about justice Director General Menzi Simelane’s role in
Pikoli’s suspension. Ginwala specifically criticises him for his role in
drafting a letter to Pikoli that instructed him to halt the investigation and
prosecution of police National Commissioner Jackie Selebi. The letter was signed
by Mabandla.
The letter was central to Pikoli’s claim that former president Thabo Mbeki
suspended him to frustrate the Selebi probe.
Simelane admitted during cross-examination that he had prepared the document.
The Ginwala report quotes Mabandla saying in affidavit that “it was not her
intention to stop advocate Pikoli from discharging his duties or performing his
functions as national director of public prosecutions. Assuming this is correct,
the conduct of [Simelane] in drafting the document in the manner it reads was
reckless, to say the least.”
Ginwala says Simelane should have been “acutely” aware of the constitutional
protection afforded to the NPA to conduct its work without fear, favour or
prejudice.
“The contents of the letter were tantamount to
executive interference with
the prosecutorial independence of the NPA, which is recognised as a
serious offence in the [NPA]
Act.”
It was this section of the report that prompted De Lille to lay charges against
Mabandla. Under section 32(1)(b) of the NPA Act it is an offence to interfere
with, hinder or obstruct the prosecuting authority or any member of it in the
performance of their functions.
Conviction carries an unlimited fine, imprisonment for up to 10 years or both.
De Lille says she decided to charge Mabandla because she signed the letter and
was ultimately responsible for its content.
“Many of the leaders in the ANC and
government think that they are above the law... MPs are
here to make the law, not break it.”
Earlier this week Justice Minister Enver Surty referred the Ginwala report to
the Public Service Commission to make recommendations on possible steps against
Simelane.
With acknowledgements to Sam Sole and Mail and Guardian.
And Penuell Maduna before her.