The government was acting according to provisions laid out in the law following the suspension of Vusi Pikoli, the department of Justice and Constitutional Development said on Tuesday.
Spokesperson Zolile Nqayi said the department had taken note of last week’s comments by the Johannesburg Bar Council (JBC).
”The department has noted with disquiet the council’s comment on the suspension of National Director of Public Prosecution’s Advocate Vusi Pikoli, which according to the council’s own admission is based exclusively on media speculation.
”Government has, from the beginning, made it clear that it will respect the due process that is provided for in the National Prosecuting Authority Act in addressing the matter,” Nqayi said in a statement.
Last week the JBC said speculation about Pikoli’s suspension required a strong and unambiguous response from the government. It called for no political or other interference in the judicial system.
”At present, and with the information in the public domain, it seems to us that there may have been interference with these constitutional safeguards. If so, it is a crisis,” the council said.
Nqayi said that undue comments were not necessary as the matter was a subject of a formal inquiry provided for by the legislation.
”The fact that government is acting according to provisions laid out in the law that governs the NPA and is refusing to be drawn into speculation on the matter until the enquiry into the process has run its course, is a clear indication that government respects the country’s legal and constitutional imperatives.
”The department wants to reiterate that government respects the independence of the judiciary and the role of the NPA,” said Nqayi.
President Thabo Mbeki suspended Pikoli last month following an ”irretrievable break down in the working relationship between the Minister of Justice and Constitutional Development and the NDPP”. – Sapa