The Democratic Alliance (DA) has urged the speaker of the National Assembly to urgently reconvene Parliament so that President Thabo Mbeki can explain his reasons for suspending the National Director of Public Prosecutions, Vusi Pikoli.
In a letter to Speaker Baleka Mbete, DA parliamentary leader Sandra Botha said the National Assembly has an obligation to deal with ”the crisis” that has arisen after Pikoli’s suspension last week.
”In terms of the Constitution, the National Assembly is both a national forum for public considerations of issues and it oversees executive action. In order to fulfil these functions, the assembly should convene as soon as possible so that the president can account for his actions,” Botha wrote in the letter.
”The graveness of the present situation should not be underestimated, as the action of suspending the chief of the prosecuting authority is in itself a drastic step because the Constitution and legislation jealously guard the independence of the prosecuting authority,” she added.
She said any implication that Pikoli was suspended for political reasons or that the president or the minister of justice interfered with the prosecuting authority’s decisions on who it should and should not prosecute has the potential to create a constitutional crisis.
Botha said the situation could not be left until former National Assembly speaker Frene Ginwala’s inquiry into matter was completed.
”In order to restore the public’s faith in the rule of law, it is imperative the president and the minister of justice urgently explain to the assembly what the motivation was for the suspension …” Botha said.
‘National implications’
Last Monday, government spokesperson Themba Maseko said an irretrievable breakdown in the working relationship between Minister of Justice and Constitutional Development Brigitte Mabandla and Pikoli was the reason for his suspension.
”The relationship breakdown had adverse implications for the NPA [National Prosecuting Authority] and the functioning of the criminal justice system,” he said.
The Cape Argus reported last week that according to sources, Mbeki acted against Pikoli because of his failure to control the Scorpions.
DA leader Helen Zille said at the time that the suspension of Pikoli has ”immense national implications”.
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.
Norton said an inquiry should have been held before Pikoli was suspended, adding 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. — Sapa