/ 8 January 2008

DA seeks explanation over delay in Selebi saga

The Democratic Alliance (DA) on Tuesday asked that acting National Director of Public Prosecutions Mokotedi Mpshe be called to Parliament to explain the delay in making public the decision on whether or not to charge police National Commissioner Jackie Selebi.

Tertius Delport, the DA’s spokesperson on justice, has written a letter to Yunus Ismail Carrim, chairperson of Parliament’s portfolio committee on justice and constitutional development, asking that Mpshe be called to report on the current situation.

”This lengthy delay has allowed public speculation to proceed unchecked, with a great deal of possible harm done to our criminal justice system,” Delport wrote.

”The potential damage to public confidence in and loss of credibility of the criminal justice system has been severe,” he added.

The DA also planned to ask Parliament to consider establishing an ad-hoc committee to explore ”civil and state threats” to the justice system and to make recommendations to strengthen the security of the system.

Carrim was not immediately available for comment.

The National Prosecuting Authority (NPA) on December 16 said it had made a decision on whether or not Selebi ”had a case to answer”.

However, it said the decision would not be made public until it had been studied by Minister of Justice and Constitutional Development Brigitte Mabandla

She on Monday rejected as ”untrue” reports that she had delayed the NPA’s decision on whether or not to charge Selebi.

”The NPA is an independent institution and does not have to get any permission from the minister before charging whoever it wants to charge,” Mabandla’s spokesperson, Zolile Nqayi, said.

Selebi has come under fire over his involvement with convicted drug-trafficker Glenn Agliotti, who is also accused of the murder of mining magnate Brett Kebble.

An arrest warrant against Selebi was cancelled in September last year.

It was obtained by Scorpions boss Gerrie Nel from the Randburg chief magistrate on September 10 for Selebi’s arrest for alleged corruption, fraud, racketeering and defeating the ends of justice.

On September 14, a search warrant was obtained from the deputy judge president of the Witwatersrand Local Division of the High Court in Johannesburg.

Mpshe had the arrest warrant cancelled shortly after taking over the reins from suspended NPA boss Vusi Pikoli.

Meanwhile, Independent Democrats leader Patricia De Lille on Tuesday requested the NPA to furnish the party with details regarding its investigation against Selebi.

In a letter addressed to Mpshe, De Lille asked the NPA if it had made a decision on whether or not to charge Selebi.

”Has the NPA concluded its decision on whether or not to prosecute … Selebi?

”If yes, by when does the NPA envisage this decision to be released to the public?

”If not, what is the cause of the delay?” she said.

She said it was important to get a direct response from the NPA as ”conflicting statements from the NPA are not helping the situation and South Africa needs clarity”. — Sapa