The public hearings on suspended National Prosecuting Authority head Vusi Pikoli’s fitness to hold office are an ”inquisitorial” as opposed to an ”accusatorial” process, inquiry head Frene Ginwala said as the hearings began on Wednesday.
”I want to emphasise that this process is not a judicial one,” Ginwala, former speaker in the National Assembly, said in an opening statement.
”It is not a commission of inquiry governed by the Commission’s Act and the president [Thabo Mbeki] has not issued any regulations with directives about rules.
”Indeed, the terms of reference specifically delegated to me the power to formulate the rules for the inquiry.”
Ginwala said the inquiry, held at the Johannesburg City Council Chambers, was required to report to Mbeki.
”It is akin to an internal inquiry or review … After I have submitted my reports to the president, he may, should he wish to remove [Pikoli] from office, table a report to Parliament with this recommendation.
”Parliament will then discuss the recommendation from the president and may concur with or reject that recommendation. If it is rejected, the president will have to reinstate [Pikoli].
”If on receipt of the report on the inquiry, the president decides to reverse the provisional suspension, he will simply reinstate [Pikoli] as the National Director of Public Prosecutions.”
Ginwala said the inquiry was ”charting new territory” and had to be guided by the Constitution, and adhere to the tenets of natural justice, embody fairness and follow due process.
”I am eager that all the proceedings be conducted in public unless there is good reason why any portion of the hearings should be held in camera.”
She would rule on this at the appropriate time.
Ginwala said that apart from the government’s submissions and Pikoli’s submission, the inquiry had also received submissions from the South African Institute for Advanced Constitutional, Public, Human Rights and International Law, Mervyn Bennun, of the University of Cape Town’s Law Faculty, and the International Association of Prosecutors.
The purpose of the hearings was to gain additional information to ”enable me to properly consider the massive case before me”, said Ginwala.
The government’s list of witnesses included Deputy Justice and Constitutional Development Minister Johnny de Lange, director general in the National Intelligence Agency, Manala Manzini, and Frank Chikane, who is the director general in the presidency.
Acting police chief Timothy Williams and deputy director general in the NIA, Arthur Fraser, will also testify for the state, the commission of inquiry said in a press statement on Tuesday.
Pikoli’s lawyers still need to finalise their list of witnesses, but it may include the director of public prosecutions, Charin de Beer, Gerrie Nel, and JP Pretorius, the deputy director of public prosecutions.
President Thabo Mbeki suspended Pikoli as the head of the National Prosecuting Authority on September 24 last year and Ginwala was appointed on September 28 to head the inquiry.
At the time, Mbeki cited a breakdown in the relationship between Pikoli and Justice and Constitutional Development Minister Brigitte Mabandla as the reason for the NPA head’s suspension. – Sapa