The Democratic Alliance has asked former speaker Frene Ginwala to recuse herself from chairing the Pikoli inquiry, and threatened legal action if she does not.
Ginwala was appointed by President Thabo Mbeki to probe whether suspended National Prosecuting Authority (NPA) head Vusi Pikoli is fit to hold office, after he suspended Pikoli on September 24.
In a letter to Ginwala on Thursday, DA leader Helen Zille said: ”Our reflections on the position in which you find yourself suggest most strongly that it would be legally untenable for you to chair the proposed inquiry.
”Please understand that we do not suggest that you will actually be biased in your deliberations as this is not the legal test; but a mere reasonable perception of bias would in law disqualify you from sitting on the inquiry (See S v Basson 2005 (1) SA 171 CC).
”The facts that you are a long-standing member of the national executive committee of the ANC, and close to President Mbeki, who is a key player in the events around advocate Pikoli’s suspension, objectively disqualify you from fulfilling the functions required in the inquiry,” Zille says.
The issues arising out of the investigation are an extension of the constitutional ”separation of powers” debate fundamental to the circumstances leading to Pikoli’s suspension.
For this to be investigated adequately, it is essential that the investigation be clearly and incontrovertibly separate from the ruling party.
”You will understand that it will be highly invidious for you to sit in judgement of the details of the interaction between advocate Pikoli and the president as you know the latter so well and have loyally served him as president of the party, as you must, in terms of the ANC’s constitution.
”For the record, please be advised that should you not acquiesce in this request and attempt to continue with your work as chair of the inquiry, we will brief counsel to appear at the first sitting of the inquiry and move a request for your recusal based upon the facts set out above.
”Should you then persist in refusing to recuse yourself, a postponement of the deliberations of the inquiry will be sought so that the decision not to recuse can be taken on review.
”Should you refuse the postponement, an urgent high court interdict will be sought to prevent you acting as chair of the inquiry pending the review and you will be held liable for the legal costs so incurred,” Zille wrote.
Ginwala declined to comment on the DA’s request for her to recuse herself, adding she had yet to receive Zille’s letter.
”I heard that the DA has written me a letter, but I have not seen it. I consider the work I’m doing as very important and would not want to conduct it in public. If there is something important which the DA is saying, then I will respond to it,” she said. — Sapa
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