Minister of Justice and Constitutional Development Brigitte Mabandla on Monday rejected as ”untrue” reports that she had delayed the National Prosecuting Authority’s (NPA) decision on whether or not to charge police National Commissioner Jackie Selebi.
”The NPA is an independent institution and does not have to get any permission from the minister before charging whoever it wants to charge,” Mabandla’s spokesperson, Zolile Nqayi, said.
All the NPA was required to do was to brief the minister on its decision.
”They have already submitted a report to the minister and also briefed her on the matter.
”There is nothing more which the minister is required to do as far as the Selebi investigation is concerned.”
The story about the minister delaying the process was ”completely untrue”, Nqayi said.
NPA spokesperson Tlali Tlali concurred with Nqayi, saying the justice minister had no say on the NPA’s decision on Selebi.
”The NPA has already made a decision on the matter. The justice minister is not part of the decision-making process,” he said.
He said the NPA was still to decide on when to go public on its decision on Selebi.
”[Mokotedi] Mpshe has just come back from leave on Monday. The NPA will still have to sit and determine when the decision would be made public,” he said.
The NPA on December 16 said it had made a decision on whether or not Selebi ”had a case to answer”.
However, it said the decision would not be made public until it had been studied by Mabandla.
The decision was made after the NPA received a report from a panel tasked with reviewing the criminal charges against the police national commissioner and current head of Interpol.
NPA acting head Mpshe prepared and submitted a report to the minister on his decision on whether or not Selebi would be charged — after studying the findings made by the review panel.
Selebi has come under fire over his involvement with convicted drug-trafficker Glenn Agliotti, who is also accused of the murder of mining magnate Brett Kebble.
An arrest warrant against Selebi was cancelled in September.
It 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.
Mpshe had the arrest warrant cancelled shortly after taking the reins from suspended NPA boss Vusi Pikoli.
Mpshe approached the deputy judge president, who indicated he was not prepared to retract the search warrant.
In October, Tlali said: ”Pending the outcome of the review process, we won’t be taking action on this warrant.”
Pikoli was suspended in September due to an ”irretrievable breakdown” in the relationship between him and the justice minister. — Sapa