Parliament’s December recess has been cut short by a week to table President Kgalema Motlanthe’s decision to axe suspended National Director of Public Prosecutions Vusi Pikoli.
This was due to the importance of the matter and the time required to consider it, the Office of the Speaker said in a statement on Tuesday.
After consultation, Gwendoline Mahlangu-Nkwabinde, the Speaker of the National Assembly, and National Council of Provinces chairperson Mninwa Mahlangu decided to bring forward by a week the resumption of Parliament’s annual session.
While Parliament was to have been on recess until January 19, the next Parliamentary session would now start on January 12 when the president’s report would be tabled and referred to the relevant committee.
”The intention is that the matter should be finalised within the stipulated period after it is tabled in terms of the legislation.”
Mahlangu-Nkwabinde and Mahlangu have already received Motlanthe’s decision on Pikoli.
”The National Prosecuting Authority Act requires of the president to communicate the message of the removal of the National Director of Public Prosecutions to Parliament within 14 days if it is in session or within 14 days after the commencement of the next session after recess, Parliament said in the statement.
”Once such 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 so removed is recommended.”
Parliament said Mahlangu-Nkwabine and Mahlangu had decided that an ad hoc joint committee be established to deal with the issue.
Processes for its establishment would start immediately to enable it to start work in January 12. The committee would decide its own internal processes in terms of the Rules of Parliament. Membership would be decided by the parties and process.
Former president Thabo Mbeki suspended Pikoli on September 23 2007, citing a breakdown in relations between Pikoli and former justice minister Brigitte Mabandla.
Motlanthe this week decided against keeping Pikoli on.
Motlanthe said he took the decision to dismiss Pikoli because an inquiry into his suspension found that the National Prosecuting Authority head had given too little regard to national security matters.
”The report indicated that advocate Pikoli was not sensitive to the very important matter of national security,” Motlanthe told reporters.
The inquiry was released on Monday. It recommended that Pikoli be reinstated, although the report found that his conduct held a real risk of undermining national security.
Simelane
Meanwhile, Justice and Constitutional Development Department boss Menzi Simelane is to be investigated by the Public Service Commission (PSC) for his role in the suspension of Pikoli.
Justice Minister Enver Surty announced on Tuesday that he has referred the Ginwala report on Pikoli’s conduct to PSC chairperson Stan Sangweni for further investigation.
The Ginwala report is scathing about Simelane’s conduct as director general of the justice department, accusing him of misleading Mabandla and of interfering with the independence of the NPA by drafting a letter for Mabandla which instructed Pikoli to cease his probe into police National Commissioner Jackie Selebi.
‘We are taking the allegations very seriously,†Surty said at a press briefing in Pretoria on Tuesday afternoon.
‘It is now a day after the Ginwala report was released and I have already referred it to the PSC for investigation.â€
Simelane will, however, stay on as justice department DG pending the PSC’s investigation into his conduct. – Sapa