There are deeper issues in the National Prosecuting Authority (NPA) than simply the suspension of National Director of Public Prosecutions (NDPP) Vusi Pikoli, the South African Communist Party said on Monday.
“The way the Scorpions [and the NPA] have continued to conduct themselves has raised a lot of eyebrows and the people have lost faith in the institutions,” said SACP spokesperson Malesela Maleka.
He said an overhaul of the NPA and the Scorpions is needed in order to improve the public’s trust in them. “More than perhaps the suspension, we need a serious overhaul which must be informed by the resolutions of the ANC national general council in 2005 and the policy conference that took place this year.”
The SACP’s statement follows an announcement from the Presidency on Monday that President Thabo Mbeki had suspended Pikoli.
“This decision was taken on the basis of an irretrievable breakdown in the working relationship between the minister of justice and constitutional development and the NDPP,” said Government Communication and Information System spokesperson Themba Maseko, adding that the suspension was made in terms of section 12 (6) (a) of the National Prosecution Act 32 of 1998.
Maseko said Mbeki considers the relationship between the minister and the NDPP central to the effective administration of justice and the “smooth functioning” of the NPA. “The relationship breakdown had adverse implications for the NPA and the functioning of the criminal justice system.”
An inquiry will be instituted to investigate the functioning and role of the NDPP. Recommendations will then be made to Mbeki.
Pikoli’s deputy, Mokotedi Mpshe, has been appointed as acting director.
“Government would like to reassure all South Africans that the functioning of the justice system will not be compromised, especially within the context of the collective challenge to fight crime,” said Maseko.
The move to suspend Pikoli comes amid a bitter turf war between the police and the Scorpions that has escalated to Cabinet level and soured relations with Justice and Constitutional Development Minister Brigitte Mabandla. The minister has sided with the police, arguing that they are the superior crime-fighting force.
The move also follows allegations that the Scorpions had been overzealous in pursuing a corruption case against African National Congress deputy president Jacob Zuma and had attempted to smear the presidential hopeful.
‘Shocked’ reaction
Democratic Alliance leader Helen Zille said her party will request the justice portfolio committee to be recalled as soon as possible “for a full briefing” on Mbeki’s decision. The committee is at present on a three-week recess.
The African Christian Democratic Party (ACDP) said it was “shocked” at Pikoli’s suspension.
“We could understand it if the suspension related to incompetence or incapacity. However, merely to allege a breakdown of relationship is very drastic and draws into question the degree to which the NDPP can act impartially and without fear or favour,” said ACDP spokesperson Libby Norton.
She said an inquiry should have been held before Pikoli was suspended, and that the suspension will negatively affect the criminal justice system and morale in the NPA, which South Africa cannot afford in view of the high crime rate in the country.
“The ACDP believes that the justice and constitutional development portfolio committee should urgently reconvene and obtain a briefing on this matter,” she said.
The Freedom Front Plus (FF+) said the decision to “fire” Pikoli is related to the ANC’s leadership struggle and an example of Mbeki’s double standards. “It is inevitable that the conclusion will be drawn that President Mbeki’s decision to fire … Pikoli is related to the current leadership struggle within the ANC,” said FF+ leader Pieter Mulder.
He said it can also be asked whether Pikoli’s suspension is connected to his failure to prosecute Zuma successfully.
“It is well-known that there are huge problems surrounding senior persons in the safety and security cluster, for example, the police [National] Commissioner, Jackie Selebi. These problems have been dragging on for a long time and have a direct influence on the functioning of the safety and security community,” he said, adding that it is “incredible” that Mbeki did not fire Selebi while removing Pikoli from his post.
“These double standards make the public wonder as to what the real motives behind the decision of President Mbeki were in the case of advocate Pikoli,” he said.
Independent Democrats leader Patricia de Lille said her party will only support Pikoli’s suspension if he failed to meet his “constitutional obligations” but not if it is due to a “relationship problem” between him and Mabandla.
“If the minister doesn’t like his style, but he is doing his job, then it is a different matter. If he has carried out … his constitutional mandate and the minister doesn’t like it, then tough luck,” De Lille wrote in a statement.
NPA spokesperson Tlali Tlali confirmed that Pikoli had been suspended, but referred all questions to the Government Communication and Information System.
Mbeki is currently attending the United Nations General Assembly in New York. Presidential spokesperson Mukoni Ratshitanga was not immediately available for comment.