/ 4 February 2005

‘Plea bargains won’t keep MPs out of jail’

The newly appointed national director of public prosecution, Vusi Pikoli, this week spoke out on a number of controversial issues, from the perceived “preferential” treatment of MPs involved in the Travelgate scam to speculation that the Scorpions unit would be moved from the National Prosecuting Authority (NPA) to the South African Police Service (SAPS).

On Travelgate, he told the Mail & Guardian the law would take its course. It was expected that 40 MPs implicated in the scam would be prosecuted last week, but this process was delayed as the NPA allowed for plea bargain arrangements, which could result in lighter sentences or fines.

However, Pikoli said he was adamant that strong action would be taken against MPs found to have committed fraud.

“A plea bargain does not mean a substitution for imprisonment. If justice requires that there be an imprisonment, then a plea bargain cannot be a substitute for that.

“If a person committed a crime, irrespective of who they are, we have a responsibility to prosecute.”

Turning to staff turnover, Pikoli acknowledged it was having a negative impact on the institution and he was working on a retention strategy.

Last week the M&G reported that senior personnel, including Travelgate lead investigator Ben Avenant and spokesperson Sipho Ngwema, will be leaving the organisation.

As for the possibility of the Scorpions being moved from NPA control to the SAPS, Pikoli said: “If there were to be some changes, it means the law will first have to be changed. And as far as I am concerned there is no Bill that has been drafted to change the law.” He said, however, that discussions were under way about how best to align the law enforcement agencies in the country.