Suspended national prosecutions chief Vusi Pikoli was ”bitterly disappointed” at a two-day delay in the inquiry into his fitness to hold office, his instructing attorney Aslam Moosajee said on Tuesday.
Inquiry head Frene Ginwala postponed the hearings until Friday. She said the inquiry realised time was needed to prepare witnesses and that there were issues which needed to be clarified.
Asked whether the state had closed its case, she said the moment that happened, the public would know about it.
”The reason it’s only continuing on Friday is because the state has requested the [postponement],” said Moosajee.
Pikoli’s team only learned of the state’s request was on Tuesday, he said.
He claimed the state had not decided whether it was going to call further witnesses or whether Department of Justice and Constitutional Development director general (DG) Menzi Simelane would be its last witness, as it had earlier indicated.
Pikoli was suspended on September 23 and he would have expected the state to have been properly prepared by September 23, said Moosajee.
”They’re making it up as they go along,” he charged.
Pikoli was ”frustrated” because he wanted the process to be ”over and done with”.
Justice and Constitutional Development Minister Brigitte Mabandla had claimed there was an irretrievable breakdown in her relationship with Pikoli — an assertion he has denied.
”I would be surprised if the minister does come and give evidence,” said Moosajee.
Webster Sekwati, the instructing attorney for the state, said Pikoli’s legal team had opposed the request, but that Ginwala had ruled in its favour.
”That was placed before the inquiry and the chairperson ruled in our favour,” he said.
Giving evidence earlier, Simelane said he was asked for R60-million to refurbish the vandalised Innes Chambers in Johannesburg, which was purchased by the National Prosecuting Authority (NPA) before Pikoli took office to accommodate prosecutors, but stood empty.
He initially turned down the request, he said, but later ”agreed” to it.
”The problem was information was not as forthcoming as, in my view, I thought it should be forthcoming,” he said.
However, advocate Ismail Semenya, sitting on the inquiry, told him that in terms of legislation he did not have the right of veto, but was required to reach decisions about the finances of the NPA in agreement with the National Director of Public Prosecutions (NDPP).
Simelane contended that, as the accounting officer for the department, certain powers of his, which were delegated to the NPA, were not carried out properly and in a way which enabled him to sufficiently discharge his duties.
He told the hearing that this failure was, among other things, in the explanations he sought for decisions which were made.
Speaking about his working relationship with Pikoli, he said the two had differing management styles, with him being stricter and Pikoli more accommodating.
”People in a way took advantage of his good nature and to his disadvantage and that is what I found rather regrettable,” he said.
Simelane believed relations had improved between the Justice and Constitutional Development Department and the NPA.
Aspects of their views remain contested, but ”we have done better”, he said.
He inadvertently sparked a tense exchange with Semenya when asked how they were coping with these remaining differences.
”We are changing the law,” said Simelane, prompting Semenya to comment: ”Are you serious? You can do that as a DG? Mr Simelane, I am sure that it is the legislative body that changes the law. It is not the DG.”
Simelane clarified by saying legislation had been proposed (the National Prosecuting Authority Amendment Bill) that would deal with some of the problems encountered.
He said he had a completely different relationship with acting NDPP Mokotedi Mpshe.
”Since there has been an acting NDPP, the situation has gone 100% in the opposite direction.” – Sapa