Suspended National Prosecuting Authority (NPA) head Vusi Pikoli “may well” haul President Kgalema Motlanthe into court, should Parliament uphold the president’s decision to axe him.

Pikoli’s lawyer, Aslam Moosajee, said yesterday that while there was “no final decision” on legal action, his client would not take being axed “lying down”.

“The president’s decision will come under scrutiny. For him (Pikoli), this is a matter of principle.

“His name has already been cleared. (Frene) Ginwala said some really nice things about him. This is a matter of prosecutorial independence,” said Moosajee.

While an inquiry chaired by former speaker of Parliament Ginwala found Pikoli fit to hold office, Motlanthe endorsed former president Thabo Mbeki’s decision to suspend Pikoli on the grounds that he showed a lack of “appreciation for and sensitivity to matters of national security”.

Motlanthe’s decision also set an unhappy precedent for the future relationship between the executive and the NPA.

Judge Chris Nicholson ­ in the case of African National Congress (ANC) president Jacob Zuma ­ urged a separation between the executive and the NPA to prevent political interference in NPA decisions. That matter is before the Supreme Court of Appeal , and the ruling, expected on Monday *1, could further strengthen a legal challenge by Pikoli.

The Pikoli matter was Motlanthe’s first major challenge since taking office, and it appears the controversy is far from over.

The ANC said it would not rubber-stamp Motlanthe’s decision, and opposition parties indicated that they would oppose Pikoli’s dismissal.

Speaker of Parliament Gwen Mahlangu-Nkabinde has set up an ad hoc joint committee to consider the Pikoli matter after it is tabled in the National Assembly next Monday.

“The NPA Act requires of the president to communicate the message of the removal of the national director of public prosecutions to Parliament. Once such a decision has been tabled, Parliament shall within 30 days pass a resolution indicating whether or not the restoration to office of the national director of public prosecutions is recommended ,” the speaker’s office said in a statement.

Moosajee ruled out the possibility of Pikoli resigning, and said Pikoli was “seriously considering” his legal options.

“The application to review and set aside Motlanthe’s decision could come before a high court. The matter may also ultimately end up in the Constitutional Court,” Moosajee said.

If Parliament endorses Motlanthe’s decision, and Pikoli does not take the matter to court, the president will be free to appoint a new NPA head.

With acknowledgements to Hajra Omarjee and Business Day.