Two weeks of intensive listening and questioning began to take its toll on Monday at the Ginwala inquiry into suspended prosecutions boss Vusi Pikoli’s fitness to hold office, as he started showing signs of exasperation at having to repeat answers to questions he had earlier responded to.
State advocate Seth Nthai grilled him on the National Prosecuting Authority’s (NPA) approach to plea bargains in exchange for testimony on other cases, with a specific focus on the agreement reached with Clinton Nassif, who was convicted of being involved in the storage of more than 2 000kg of hashish.
In exchange for the plea bargain, Pikoli said, Nassif could testify on the murder of mining businessman Brett Kebble, in the Paparas drug case and possibly in police National Commissioner Jackie Selebi’s case.
The state argued that there was no policy directive allowing this, and Pikoli countered that there was nothing to prevent it.
”These plea bargains are against policy and case law,” Nthai said to Pikoli.
”I disagree,” said Pikoli. ”The acting national director [of public prosecutions Mokotedi Mpshe] said they must go ahead. They have already been approved and sanctioned by the court.”
Pikoli argued that although he took responsibility for what happened in his office, he had already been suspended when the Nassif plea bargain was finalised.
Nthai tackled him over the details of the Nassif plea bargain and went through the minutiae of Nassif’s affidavit, which Nthai said read like a fairytale.
”Can you cut through this fat and get to the bone?” said a frustrated Pikoli, with inquiry chairperson Frene Ginwala saying: ”Move on, I don’t see the relevance of the detail.”
Later, when interrupted by Nthai while replying to a question, an exasperated Pikoli said: ”No man, [not] before I finish. I am sorry for this, I am sorry madam chair.”
A malfunctioning microphone provided respite in the form of an early tea adjournment. — Sapa