Suspended National Director of Public Prosecutions Vusi Pikoli has objected to government’s request for an extension to file its submissions to the Ginwala Commission of Inquiry.
A copy of a letter, sent by Pikoli’s law firm Denys Reitz to inquiry head Frene Ginwala, was released to the media late on Tuesday.
The letter calls on Ginwala to ”issue the necessary directives” to prevent government from continuing to delay the conclusion of the inquiry.
”We confirm that our client requested us to object to government’s request for an extension until January 31 2008, to file its supplementary submissions,” the letter says.
Earlier on Tuesday, Ginwala herself criticised government for its ”slow response” and failure to deliver its submission on time.
In a statement — issued shortly after the deadline for the submission had expired on Tuesday — Ginwala said she had ”reluctantly” granted the government a 10-day extension.
”Government, through the state attorney, wrote to me late yesterday [Monday] afternoon requesting an extension until January 31 2008, on the basis that their submissions require input from a variety of government officials, some of whom are only returning to work this week.
”Having reluctantly agreed to an extension of time for government to file its further submissions, my office has subsequently been advised that a submission in the form of an affidavit will still be delivered today.
”Acutely aware of the amount of time that government has already had to prepare and finalise its further submissions, I granted government an extension only until 12:00 [noon] on Friday, January 25 2008.
”Government has further advised us that additional supporting affidavits will be submitted before or on January 25 2008.”
Ginwala said she would not entertain any further delays in the work of the inquiry, and would ”proceed on the basis of such information as I have received from government by January 25”.
Adjusted timeframes
Timeframes would now be adjusted to allow Pikoli -‒ who originally had until January 31 to make his submission — sufficient time to make his own submission.
”Revised timeframes for the enquiry will be set in due course. I want to reiterate my commitment to uphold the integrity of the enquiry and do not intend to permit delays to undermine its speedy conclusion,” Ginwala said.
Pikoli’s lawyers said the original January 15 deadline for government’s submission had been suggested by government itself.
”At the pre-hearing meeting on November 20 2007, government and indeed all the parties accepted that the inquiry has to be completed expeditiously and that for that purpose, an accelerated timeframe is essential.
”Government participated in setting the timelines and deadlines in the knowledge that work would have to be done and completed, despite the ‘horizon of the impending festive season’.
”Both our client’s interest, the public interest and principles of the law demand that he should not be suspended from his office as National Director of Public Prosecutions without good reason for any period of time longer than is absolutely necessary.
”The process is now being unduly delayed as a result of government’s delinquency. Our client’s fundamental rights are being violated by virtue of these delays.
”Our client is also concerned that if the extension request is granted, it will have a knock on effect on the other deadlines imposed by Dr Ginwala,” they said.
Ginwala’s statement confirming the 10-day extension was critical of Justice and Constitutional Development Minister Brigitte Mabandla’s office, and contains a timeline highlighting the ministry’s ”slow response” to correspondence sent it regarding the inquiry.
The Justice and Constitutional Development Ministry was not immediately available for comment on Tuesday.
President Thabo Mbeki suspended Pikoli on September 24 last year, and four days later, appointed Ginwala — the former speaker of the National Assembly — to head the inquiry.
Its terms of reference cover two broad areas: Pikoli’s fitness to hold office, and the breakdown of the working relationship between him and Mabandla.
The commission will sit in Pretoria.
In terms of the rules establishing the commission, Ginwala will decide whether to call for a hearing after receiving all the submissions, and also whether this will be held in public or private. – Sapa