Police National Commissioner Jackie Selebi will be charged as early as next week should the National Prosecuting Authority (NPA) have its way.
A range of sources with knowledge of the investigation says the panel appointed to review the decision to charge Selebi concurs that he has a case to answer.
The review panel submitted its report to acting prosecutions head Mokotedi Mpshe on Thursday last week. Mpshe appointed the panel to advise him on the decision originally taken by Vusi Pikoli, his suspended predecessor, to charge Selebi.
The Scorpions, a unit of the NPA, obtained a warrant on September 10 to arrest Selebi on charges of corruption, fraud, racketeering and defeating the ends of justice. This flowed from the “Project Bad Guys” investigation into the murder of mining magnate Brett Kebble and the criminal networks surrounding him.
Before the warrant could be executed, President Thabo Mbeki suspended Pikoli, ostensibly because relations between he and Minister of Justice and Constitutional Development Brigitte Mabandla had broken down.
A legal source told the Mail & Guardian this week that Mpshe, too, was of the view that Selebi ought to be charged.
Mpshe appeared to hint at this last weekend when he said he would decide on the Selebi issue before coming to a conclusion on whether to recharge Jacob Zuma. He was quoted saying: “The decision on Selebi would be easier because … you recall a decision was long done. So that is the easier one.”
Now the only potential obstacle is Mpshe’s political superiors. An NPA source quipped this week that if Mpshe did not consult Mabandla prior to charging Selebi, there would be an “acting acting” prosecutions head.
Mabandla’s and Mbeki’s case against Pikoli is that he was obliged to report to Mabandla on the Selebi case and that he had not done so sufficiently.
Sources sympathetic to Pikoli maintain he kept the minister and the president fully informed. One said this week that the reporting issue was “a smokescreen for their determination to stop the Selebi investigation”.
Mabandla’s spokesperson, Zolile Nqayi, confirmed on Wednesday that a meeting was scheduled to take place between Mpshe and the minister.
Mabandla and Mbeki might be less inclined this time around to try to stop charges being brought against Selebi. Their original intervention was roundly criticised, including by Zuma supporters in the tripartite alliance, making it an issue in the ANC succession battle.
The M&G understands that government’s submission to the Frene Ginwala commission, which is examining Pikoli’s fitness for office after his suspension, does not claim that the prosecutions head has the duty beyond informing Mabandla of decisions. On Mbeki’s and Mabandla’s own version, Mpshe will not have to seek their consent to charge Selebi.
The exact timing envisaged by Mpshe is unclear, although indications are that Selebi may be charged next week. A key element fell into place on Wednesday when Kebble murder-accused Glenn Agliotti — Selebi’s friend — pleaded guilty in the Germiston Magistrate’s Court to hashish smuggling charges.
Agliotti was given a relatively light sentence — 10 years, fully suspended, and a R300 000 fine — after reaching a plea agreement with the NPA.
The leniency of the sentence and the plea agreement itself confirm that Agliotti is helping the Scorpions.
The agreement records Agliotti’s “cooperation with the [Scorpions] in this matter and other criminal investigations and has rendered beneficial assistance to them. [He] has furnished the Scorpions with an affidavit in this matter as well as in other matters and has undertaken to give evidence in this regard in this matter and other criminal matters.”
On Thursday the Star quoted Agliotti saying the drug plea agreement “has got nothing to do with Selebi and no agreement has been reached in regard to me testifying against Selebi”.
Agliotti’s advocate, Laurence Hodes, was quoted saying: “You’ll have to wait and see. It hasn’t been resolved … Anything is possible. The sky can fall. It hasn’t yet, but it’s possible.”
Agliotti’s generally cooperative stance, combined with Hodes not ruling out that his client will testify against Selebi, appears to suggest it is a case of when rather than if.
More than one witness, including former Agliotti associate Clinton Nassif, have made statements to the Scorpions repeating at least hearsay testimony that Agliotti channeled Kebble money to Selebi. A source close to Selebi said this week: “I know for a fact that the case against Jackie [Selebi] hinges on Agliotti. If he doesn’t cooperate, there’s no case.”
However, the M&G is aware of a number of witnesses lined up to testify against Selebi, suggesting the case does not depend — at least not on all charges — on whether Agliotti cooperates.
Selebi’s spokesperson, Sally de Beer, declined to comment this week, saying: “It is entirely in the hands of the NPA at this time.”