African National Congress chairperson Mosiuoa Lekota has defended the decision to suspend National Director of Public Prosecutions (NDPP) Vusi Pikoli, as well as the police probe into the alleged theft of Health Minister Manto Tshabalala-Msimang’s health records.
He was responding in the National Assembly on Tuesday to criticism from a number of MPs, including Democratic Alliance parliamentary leader Sandra Botha and African Christian Democratic Party leader Kenneth Meshoe.
Botha said all reasonable South Africans are deeply concerned about recent developments relating to Pikoli and police National Commissioner Jackie Selebi.
President Thabo Mbeki’s decision to suspend Pikoli and the subsequent revelation that a warrant of arrest had been issued for Selebi raised serious questions about a possible violation of the constitutionally entrenched principle of separation of powers, in the sense that the executive might have undermined the independence of the NDPP, she said.
Meshoe questioned why, in view of the serious crime situation, a top investigator has been tasked with probing Tshabalala-Msimang’s health records.
”We question why a top police officer has been appointed to investigate a case that is a relatively minor offence in comparison to the thousands of murder and rape cases that go unresolved,” he said.
Lekota said glib accusations that the government is abusing power or manipulating instruments of power to arrest innocent people are unacceptable. ”We cannot accept that.”
It is strange logic to say that when a crime is reported to police, they should investigate that crime on the basis of whether they consider it ”a big or important crime or not”. Any crime reported to police, if they have the ability to investigate it immediately, should be investigated.
”And whoever is guilty must be brought to book. We cannot say, ‘But why do you arrest this criminal so quickly? You should arrest the other criminals first.’ What is the meaning of that?”
Regarding Pikoli, Lekota said the executive has stated it needs to be established ”whether this individual is fit for the office he is serving”.
Lekota was also asked by Freedom Front Plus leader Pieter Mulder why Pikoli was considered ”a very fit and proper person” when he was appointed to the position but is now suddenly alleged to be unfit.
Responded Lekota: ”What government has said is there has to be a check whether he’s fit and proper for office. Whether he’s fit or not fit will be decided by the inquiry.”
The opposition often accuses the executive of making inappropriate appointments. ”Why, in this case, do you not want the executive to examine whether that appointment is appropriate or not? Why don’t you want that?” he asked.
Koos van der Merwe of the Inkatha Freedom Party wanted to know whether it is ”just and fair for an ANC political activist” — Frene Ginwala — to lead the investigation instead of a high court judge.
Lekota said he is quite satisfied that Ginwala ”is a very appropriate person”.
The minister also railed at those criticising law-enforcement agencies and claiming unjust attention from them.
It does not contribute to strengthening democracy when an individual is either arrested or charged for a crime, or even investigated by police, and then claims abuse of state power or a conspiracy.
”If it’s like that, all of us can commit crimes and then say, ‘There is a plot against me; there is a conspiracy against me’. We will no longer be able to investigate anybody.”
When people faced with possible litigation by the state attack policing agencies, they become instruments of criminals, he said. ”And I think that can only undermine our democracy. If any individual is innocent, let them go to court and prove their innocence in the courts.” — Sapa