The Democratic Alliance’s (DA) request to attend closed sessions of the Ginwala inquiry into suspended National Director of Public Prosecutions Vusi Pikoli was rejected on Wednesday.
The party requested permission from President Thabo Mbeki in March to attend the closed session into Pikoli’s fitness to hold office.
Its justice spokesperson, Tertius Delport, said the DA deemed it ”imperative” that the content of closed sessions during the hearings — due to start in May — ”be subject to scrutiny and oversight”.
”This would be necessary in order to strike a balance between the interests of national security and the requirement for open and transparent proceedings,” he said.
The Ginwala commission said there was no basis for anyone other than the parties involved to be present at any hearings held in camera.
”It is presumptuous and arrogant on your part to suggest that the workings of the inquiry ‘should be subject to scrutiny and oversight’ and further to arrogate that role to one member of your party,” said Frene Ginwala in a letter to Delport.
Early in March, the commission had announced that arguments on Pikoli’s fitness to hold office would be open to the public, however ”matters which are pending, sub judice or by law not open to public disclosure will be heard in camera”.
The DA then submitted a letter on March 28 to Mbeki, commission head Ginwala, Minister of Justice and Constitutional Development Brigitte Mabandla and the chairperson of the joint standing committee on intelligence (JSCI). Mbeki referred the request to the inquiry.
Ginwala said Mbeki would communicate to Parliament any decision to remove Pikoli from office, and the reason therefore, as well as the representations of Pikoli.
Parliament would then have an opportunity to consider the matter and should pass a resolution as to whether the president’s recommendation was supported or not, she said.
”It is in Parliament that you and all other parties will assess the president’s recommendation.”
Ginwala also said the suggestion that a member of the JSCI be appointed to attend the closed hearings was ill-considered.
”Whilst issues of national security are mentioned in the terms of reference, the inquiry is not dealing with matters of ‘intelligence’ and therefore does not fall within the purview of the JSCI.” — Sapa