Suspended prosecutions boss Vusi Pikoli could know by the end of August whether he is fit to hold office after the public sessions of a presidential inquiry ended on Wednesday.
The Ginwala inquiry in Johannesburg went into a closed session on Wednesday afternoon, following which lawyers for the state and Pikoli would go away to prepare for their final argument scheduled for August 1.
”I will try before the end of August to give my report,” said inquiry chairperson Frene Ginwala.
It would then be handed to President Thabo Mbeki, who called for the inquiry. He would later make a submission to Parliament on the report. Mbeki would also have to decide whether to make it public or not, she said.
”What happens to it, that is entirely out of my hands,” said Ginwala.
Pikoli was suspended on September 23 last year and believes this done was to stop the prosecution of police National Commissioner Jackie Selebi.
The inquiry was initiated to establish his fitness to hold office and whether there was an ”irretrievable breakdown” in the working relationship between himself and Minister of Justice and Constitutional Development Brigitte Mabandla.
The terms of reference were whether he considered national security in allowing plea bargains with criminals, whether he took into account the threat of organised crime when deciding on prosecutions and whether he failed to appreciate the nature and extent of the minister’s oversight powers over the prosecuting authority.
Complaints raised during the inquiry included: that Pikoli allowed the Directorate of Special Operations (DSO) to have contact with foreign intelligence services; that members of the DSO and private companies who conducted searches at the Union Buildings ahead of African National Congress president Jacob Zuma’s corruption charges were not vetted; and that Pikoli informed neither Mabandla nor Mbeki of his intention to arrest Selebi.
On the final public day of hearings, Ginwala heard testimony from Gauteng Scorpions boss Gerrie Nel on Mabandla’s reaction when told of their plans against Selebi.
”The minister was shocked,” said Nel, who had led a briefing to Mabandla.
He told the inquiry that after trying unsuccessfully to secure video material and informant files for their investigation into a drugs case from the police, they applied for the search and arrest warrants for Selebi’s offices and his home.
Pikoli insisted that Mabandla be briefed on this development and they met her on June 25 2007, Nel said.
He handed up a copy of Scorpions advocate Andrea Kasiram’s diary where she noted what Mabandla had said in the meeting.
”This is a tragedy. It is difficult for our country. The NDPP [Pikoli] knows what to do. This will be a huge trauma for the country. The level of casualties will be very high. How do we then deal with the SAPS [South African Police Service]? We are in a crisis. This will shake the foundations of this country. We must not have a long, drawn-out trial. Let us resolve quickly. The DSO [Scorpions] has made out a strong case that has to be answered to,” Mabandla allegedly told Nel and his team in June last year.
Nel said that afterwards, they began working ”in earnest” on preparations for the search and arrest warrants.
In examination, state advocate Seth Nthai put it to Nel that most of his evidence was based on hearsay, which Nel disagreed with. Nthai accused Nel of fabricating testimony that he had told Mabandla about the arrest warrant, as this was recorded neither on the meeting’s agenda, nor in the minutes he told the inquiry about.
”You are the only one coming with the story of the arrest warrants, it’s your own fabrication. It’s not supported by any objective facts,” said Nthai.
Nel replied: ”I made the presentation. I said it.” — Sapa