Mail & Guardian
Mail & Guardian

Mpshe shatters state’s Pikoli claim

3 min read

An affidavit from acting prosecutions head Mokotedi Mpshe effectively blows apart government’s main charge against his suspended predecessor, Vusi Pikoli — that he had not kept his minister informed.

President Thabo Mbeki suspended Pikoli last September. Government cited an ‘irretrievable breakdown” in his relationship with Justice and Constitutional Development Minister Brigitte Mabandla as one of the reasons for the suspension.

Government sources argued that Pikoli had not played open cards with Mabandla and Mbeki about his decision to arrest police chief Jackie Selebi. The terms of reference of the Frene Ginwala inquiry into Pikoli’s fitness for office include whether he ‘failed to appreciate the nature and extent of the constitutional and legal oversight powers of the minister”.

Mpshe’s affidavit, filed at the Pretoria High Court this week in answer to Selebi’s application to block his prosecution, details Pikoli’s repeated meetings with Mabandla and Mbeki about the Selebi investigation.

Significantly, Mpshe states that on September 11 last year Pikoli had a meeting with Mabandla. This was the day after the National Prosecuting Authority (NPA) obtained a warrant of arrest for Selebi. On September 14 the NPA obtained search warrants too and on September 15 and 16 Pikoli had a meeting with Mbeki.

Mpshe states that ‘it was apparent that the decision to prosecute [Selebi] was of concern to the president”.

Mbeki suspended Pikoli on September 23. This week Pikoli told the Mail & Guardian that he would give evidence about his numerous meetings with the president and the minister at the Ginwala inquiry. ‘I will deal with those matters more extensively in my submission.”

The chronology detailed by Mpshe includes:

  • In late January 2006 Pikoli agreed that the Scorpions could look into allegations that had emerged about Selebi in the course of the Brett Kebble murder investigation. In March key witness Paul Stemmet made an affidavit. That month Pikoli met Mabandla and Mbeki.

  • Between May and July 2006 the M&G exposed links between Selebi and Kebble henchmen Glenn Agliotti — whom Selebi called ‘my friend, finish and klaar” — and Clinton Nassif. In August Pikoli met Mabandla and Mbeki.

  • The Scorpions arrested Nassif in late October 2006 and he made an affidavit in early November claiming Kebble money went to Selebi. Pikoli had meetings with Mabandla and twice with Mbeki.

  • Agliotti was arrested for Kebble’s murder on November 16 2006. Pikoli met Mabandla and the acting safety and security minister the same day.

  • In early December 2006 Pikoli met Mbeki, who called in Selebi too. Pikoli wanted the police to hand over the Kebble murder docket and Mbeki facilitated this.

  • On March 11 last year Pikoli met Mbeki, Mabandla and Pikoli’s predecessor, Bulelani Ngcuka — the latter’s presence is not explained — when the police would not hand over evidence. Pikoli met Mabandla and the safety and security minister again on March 13 and Mbeki and both ministers on March 17. Another meeting that same day included both ministers and Selebi, who still refused to hand over some material.

  • On March 28 Pikoli met Mabandla.

  • On May 7 Pikoli submitted a formal report to Mbeki detailing the case against Selebi. The next day he met Mabandla and the defence minister. A day later had a meeting with Mbeki and senior police officials.

  • On May 27 Pikoli met Mbeki and on June 25 Mabandla.

    • Additional reporting by Sam Sole and Sello S Alcock