President Jacob Zuma has opened the door for axed prosecuting head
Vusi Pikoli to find a new job in the government.
And, in the R7,5 million settlement deal that ended Pikoli's legal war with the
state, government officials have not only recognised the former national
director of public prosecutions as a "man of integrity", but also reaffirmed the
importance of prosecutorial independence.
It is understood that it was this acknowledgement that, following a marathon
mediation session between Pikoli's lawyers and Justice Minister Jeff Radebe,
Finance Minister Pravin Gordhan and Public Service and Administration Minister
Richard Baloyi on Saturday, persuaded Pikoli to agree to drop his legal bid for
reinstatement.
The Star has learnt that the high-level bid to avoid a court wrangle between
Pikoli and the Presidency was launched on Friday, and overseen by two labour
mediation experts.
Pikoli was suspended by President Thabo Mbeki more than two years ago, and fired
by former president Kgalema Motlanthe in December 2008.
According to Pikoli, his suspension was motivated by his refusal to call off the
Scorpions' corruption prosecution against then police chief Jackie Selebi.
He further suggested that Motlanthe had fired him despite Dr Frene Ginwala's
finding that he was "fit and proper" for the position of prosecuting chief in
order to protect Zuma from his now-aborted corruption prosecution.
The recriminations against the Presidency now appear to be a thing of the past,
with Zuma's spokesman Vincent Magwenya insisting that both the Presidency and
Pikoli wished to "restore their relationship to one characterised by mutual
trust and respect".
The one-page Pikoli settlement deal, which was to be handed in at the Pretoria
High Court this morning, states that Pikoli can apply for government positions
in the future.
Pikoli's attorney, Aslam Moosajee, yesterday said his client was still
contemplating his future career options.
He added that Pikoli had been ready to go to court, but was relieved that his
protracted legal battle with the Presidency was finally over.
"We believe we had a strong case... but, if we had won, the case would
definitely have been appealed to the Supreme Court of Appeal and possibly the
Constitutional Court.
"Mr Pikoli's life and career would have been in limbo for at least another
year," he said.
Justice Ministry spokesman Tlali Tlali yesterday confirmed that the government
had agreed to pay all Pikoli's legal costs in challenging his suspension and
dismissal.
"We believe the resolution of this matter is in the best interests of justice
and the country.
"The government has never not been committed to prosecutorial independence... we
are reaffirming our stance," Tlali said, adding that it was now up to the
president to appoint a replacement for Pikoli.
The Presidency would not be drawn on when this appointment would be made.
This article was originally published on page 2 of
The Star
on November 23, 2009
With acknowledgements to Cape Times.
It's a huge pity that Pikoli could not
have lasted just a few more months because this thing was close to getting its
day in court.
Then the nation would have a high court view on the matter.
But it's true that this would not have ended things and they could have and
would have gone to the Supreme Court and then Constitutional Court.
That normally takes another two to three years, not just one year.
All the time Pikoli is out of pocket for both living expenses and legal
expenses.
Plus if he loses, then he's bankrupted by paying his opponent's legal costs as
well.
That's the problem when an individual is fighting the government. It's almost a
hopeless situation.
In the meantime, Zuma will be very happy with Mpshe, or will have all the
opportunity of finding a new NDPP who will ensure that prosecutorial
independence has the same hollowness as fighting corruption.