The Presidency on Tuesday defended Thabo Mbeki’s handling of police National Commissioner Jackie Selebi’s case.
Addressing reporters at the Union Buildings, Mbeki’s legal adviser, Mojanku Gumbi, said Mbeki acted immediately when he learned that the National Prosecuting Authority (NPA) was ready to proceed with action against Selebi.
”The president immediately activated the government machinery and met with the relevant structures, the ministers and all that, and as you know, the leaders of the police, and acted on the matter, immediately,” Gumbi said.
Mbeki was informed that the NPA was ready to proceed with the case by acting national director of public prosecutions Mokotedi Mpshe on New Year’s Eve.
Gumbi said that while the allegations against Selebi were well known for a while, it was standard procedure to only proceed when there was a case against a person.
”But throughout the process, while the prosecutors are investigating, we all wait until they tell has that they think they have a case to pursue against somebody and that is the only time when we say ‘OK, if you think you have a case to pursue, that is it, please pursue,’ and the president acts against the person,” Gumbi said.
In court papers Selebi filed last week, a letter written to Mbeki by suspended National Director of Public Prosecutions Vusi Pikoli showed that Mbeki had, in May 2007, been informed about the allegations against Selebi.
But on Saturday Mbeki denied that anyone had provided him with information indicating wrongdoing on Selebi’s part.
”I have said this before, many times, that if there was anybody who has information that shows that National Commissioner Selebi has done wrong things, I would act on it. Nobody did, nobody came to me,” Mbeki said.
Gumbi stressed that while the letter was sent in May last year, it only contained allegations.
”The report was sent to the president to ask for assistance in investigations into allegations only.”
There was nothing in the letter which said the NPA was ready to proceed with prosecution. The president could not act on allegations only, she said.
No change
Meanwhile, there was no change in the status of the NPA position on its investigation into Selebi, the NPA said on Tuesday.
”There is no change,” said NPA spokesperson Tlali Tlali after explaining on Monday that the NPA would decide how to proceed in the matter after Selebi applied to the Pretoria High Court in an urgent attempt to have the investigation stopped and gain information on the case against him.
Selebi, who is on leave, and who resigned his post as Interpol head, failed to have the matter heard urgently on Friday when it was struck off the roll. His legal team is awaiting a new date from the judge president and a full bench to hear argument.
The NPA said its options were whether to go ahead with taking Selebi to court, or to wait for the outcome of Selebi’s planned application.
Gerrie Nel, the lead investigator in the case, had charges of corruption and defeating the ends of justice withdrawn against him on Monday and, the Star reported, went straight to his office to discuss the Selebi case.
In court papers on Friday, acting national director of public prosecutions Mokotedi Mpshe said the NPA was ready to charge Selebi with corruption and defeating the course of justice.
Alleged corrupt relations with murder accused Glen Agliotti, payments to the amount of R1,2-million and turning a blind eye to drug-smuggling were some of the reasons why the NPA wanted to charge him, the court heard.
The NPA said it would arrange for Selebi to make himself available for a court appearance when it was ready to proceed.
Explanation
President Mbeki should explain to Parliament why he is reluctant to reinstate suspended NPA head Vusi Pikoli, the Democratic Alliance (DA) said on Tuesday.
”President Mbeki needs to clarify his position on the DA’s call for him to brief Parliament on his refusal to review his decision to suspend advocate Vusi Pikoli,” DA Parliamentary leader Sandra Botha said.
”Evidence before the courts show that the president had already been informed by May 2007 by advocate Vusi Pikoli that the NPA was investigating Selebi.
”This has cast new light on the president’s suspension of Pikoli, which was ostensibly a result of his [Pikoli’s] alleged failure to keep the government informed on the Selebi case,” Botha said.
The impact caused by Pikoli’s suspension on the country was such that it required Parliament to intervene.
”As a result of the impact that this situation is having on key state institutions, including the NPA, as well as the suspicions that it has cast over Mbeki’s handling of specific events, Parliament not only has every right to call the president to account, but also every reason to do so,” she said. — Sapa