Uncertainty over the prosecution of police National Commissioner Jackie Selebi was not in anyone’s best interest, the Democratic Alliance (DA) said on Sunday.
It was reacting to the National Prosecuting Authority (NPA) announcement that it had decided whether to prosecute Selebi, but would not make the decision known until it had been studied by Justice and Constitutional Development Minister Brigitte Mabandla.
The DA objected to this, said safety and security spokesperson Dianne Kohler-Barnard.
”The cloud hanging over Commissioner Selebi will only be lifted once a decision is taken either to charge him or not,” she said.
Mabandla is attending the African National Congress’s 52nd national conference in Polokwane.
NPA spokesperson Tlali Tlali said on Sunday that a decision had been made on whether Selebi ”has a case to answer”.
A review panel had submitted a report containing its findings to the acting National Director of Public Prosecutions Mokotedi Mpshe, who had made a ”final decision” and submitted a report to Mabandla.
”As the Justice Minster is the political head of the ministry which the NPA is part of, there is a legislative requisite to keep the minister informed on matters relating to the business of the NPA,” Tlali said.
”This investigation is no exception. Once the minister is properly and sufficiently familiar with the contents of the report, the decision will be made known.”
Selebi was seen at the African National Congress’s 52nd national conference in Polokwane on Saturday.
Warrants cancelled
Two warrants against Selebi were cancelled in September this year.
The first was obtained by Scorpions boss Gerrie Nel from the Randburg Chief Magistrate on September 10, for Selebi’s arrest for alleged corruption, fraud, racketeering and defeating the ends of justice.
On September 14, a search warrant was obtained from the deputy Judge President of the Witwatersrand Local Division of the High Court in Johannesburg.
Acting NPA head Mokotedi Mpshe had both warrants cancelled shortly after the suspension of NPA head Vusi Pikoli.
This sparked calls from opposition parties for Selebi to step down, and accusations that President Thabo Mbeki was shielding the police chief from prosecution.
Rumours of Selebi’s appearance on a new warrant in court in variously, Pretoria, Randburg and Wynberg abounded on Wednesday.
However, he did not appear.
At the time, the NPA said it had yet to be decided whether Selebi would be prosecuted, adding that a decision would be made known during the week.
Selebi has come under fire over his involvement with drugs kingpin Glenn Agliotti, who is also accused of the murder of mining magnate Brett Kebble.
His office refused to comment on a plea bargain and 10 year suspended sentence for drug trafficking handed down earlier this month to Agliotti, who Selebi calls a friend.
”Agliotti himself said Jackie Selebi has not been a part of his court cases,” Safety and Security Minister Charles Nqakula said at the announcement of the police’s latest crime statistics on December 6.
Selebi was not at the announcement.
In October, Selebi pledged to cooperate with a panel tasked with reviewing the criminal charges against him.
The panel consisted of Frank Dutton, advocate Mbuyiseli Madlanga, Peter Goss and advocate Shamila Batohi.
Dutton helped set up the Scorpions in 2000 and now does investigative work; Madlanga is a practising advocate and former judge president of the Eastern Cape; Goss is the director of a forensic service in Gauteng and was formerly with PriceWaterhouseCoopers and the South African police; Batohi is Director of Public Prosecutions in KwaZulu-Natal and previously headed the DSO in the province. – Sapa