/ 4 October 2007

Govt given 10 days to explain Pikoli suspension

The government has ten days to submit its reports to an official inquiry on why National Prosecuting Authority head Vusi Pikoli is not fit to hold office, former speaker of the National Assembly Frene Ginwala said on Thursday.

These reports would be examined at an official hearing into Pikoli’s fitness to hold office.

Ginwala has been appointed by President Thabo Mbeki, who suspended Pikoli on September 23, to lead the inquiry.

In a statement, Ginwala said the government would submit its reports ”within ten days” on the circumstances leading up to Pikoli’s suspension.

”I will thereafter solicit a response from advocate Pikoli, together with any additional submission he may wish to make. I have discussed the process with [him],” she said.

Once Ginwala had the reports she would then determine if additional information was required.

She said in order to establish whether Pikoli was fit for office, the inquiry would look at events leading up to his suspension.

It would initially focus on two main issues.

The first issue was Pikoli’s discretion in the decision to prosecute offenders or grant immunity from prosecution to suspects allegedly involved in organised crime. This would be looked at with particular reference to the public interest and the national security interests of the country.

The second focus would be the breakdown of the relationship between the national director of public prosecutions (NDPP) — Pikoli — and Minister of Justice and Constitutional Development Brigitte Mabandla. This would be in the context of the legislative and constitutional obligations placed on the minister and the NDPP.

Ginwala said the inquiry would consider the national security interests of the country and the extent to which the inquiry would be held in the public domain. This would be decided at a later stage.

The inquiry would be held in Gauteng but the location was yet to be decided.

Ginwala said she had been assured that she would have access to the necessary independent legal, administrative and logistical resources required.

”I intend to expedite the inquiry, having due regard to the importance of the issues that it confronts as well as the need to provide sufficient opportunity for comprehensive submissions by affected parties,” she said. — Sapa