/ 18 October 2007

DA ‘precluded’ from pursuing legal action against Ginwala

The Democratic Alliance (DA) will not be able to pursue its threat of legal action to force Frene Ginwala’s recusal from heading the inquiry into suspended National Director of Public Prosecutions Vusi Pikoli, it emerged on Thursday.

The DA has previously stated it would be prepared to fight her appointment by President Thabo Mbeki all the way to the high court.

”However, in appointing Dr Ginwala to head the inquiry, the president acted in terms of executive and not administrative power.

”His actions therefore fall outside the scope of the Promotion of Administrative Justice Act; thus we are precluded from challenging her appointment in a court of law,” DA leader Helen Zille admitted on Thursday.

But Zille reiterated the DA’s belief that the former National Assembly speaker was an inappropriate choice to head the inquiry into Pikoli’s fitness to hold office, saying the role should be fulfilled by a respected judge.

Ginwala found herself in an untenable position. Although she might be unbiased in her deliberations, there existed a reasonable perception of an unavoidable bias on her part, Zille said.

”This perception stems from her well-documented closeness to President Thabo Mbeki, the loyalty she owes to the African National Congress [ANC] in terms of the party’s constitution and her membership of the ANC national executive committee.

”She has therefore a clear conflict of interest in the matter.”

While Ginwala has given an outright thumbs down to the DA’s request that she recuse herself, Zille on Thursday urged her to reconsider.

If Ginwala did not recuse herself, she had to accept that serious questions would be asked if she found Pikoli unfit to hold office, thus supporting the president’s decision to suspend him.

”This is precisely why it would have been more appropriate for the president to have appointed a retired and respected judge to head the inquiry,” Zille said.

Mbeki suspended Pikoli on September 23 — Sapa