/ 27 June 2008

Pikoli hearing postponed to Monday

The Ginwala hearings into the fitness of suspended head prosecutor Vusi Pikoli to hold office have been postponed until Monday.

”The government will be calling at least one witness. I may be calling witnesses myself and we will be proceeding through next week,” said inquiry chairperson Frene Ginwala.

Commenting on the process so far, Ginwala said it was originally intended that the hearings be limited to arguments, but that if disputes of facts were identified on the examination of papers in the matter, evidence could be led on these in the hearings.

Ginwala said that from the outset she had made it clear this was not a judicial process but was inquisitorial or investigative.

However, perhaps because of ingrained habits and mindsets ”we seem to have been drawn into what amounts to a judicial process”.

Some of the issues that needed clarity were not being clarified.

She hoped that when the hearings resumed, the issues she had raised would be addressed either as the witnesses gave evidence or when cross-examined.

Counsel for both the government and Pikoli would be directed to make sure the issues were clarified but would also be allowed to address ”any other issues”.

”So, it is the focus that will shift,” Ginwala said, adding that this new approach would require time.

The government’s advocate, Seth Nthai, said the next witness who would be called was Manala Manzini of the National Intelligence Agency.

Manzini could not testify on Friday as he still had to prepare.

Nthai said the government’s team would not call Minister of Justice and Constitutional Development Brigitte Mabandla.

”We always considered that, but we are not calling the minister,” he said. — Sapa