Suspended prosecutions boss Vusi Pikoli did not flinch on Friday when lawyers for his employer said that he lacked judgement and had failed as head of the National Prosecuting Authority.
”He lacks judgement in the kind of things he does,” charged state advocate Kgomotso Moroko in final argument at the inquiry into whether Pikoli is fit to hold office as the National Director of Public Prosecutions.
Later, his own lawyer, Wim Trengove, defended him with by saying that firing him would be ”an unforgivable injustice to a good man” who had had the ”temerity” to pursue the prosecution of police National Commissioner Jackie Selebi.
”He is one of our best; we are privileged to have public servants of the calibre of Mr Pikoli. It will be highly unjust to dismiss him,” said Trengove.
He argued that firing Pikoli would have a ”devastating impact” on his successor’s ability to work ”without fear or favour”.
Moroka submitted that the government believed that a number of incidents since 2005 collectively showed Pikoli was conducting himself in a manner not befitting the national director of public prosecutions, and that Mabandla was entitled to act on that.
Pikoli was suspended on September 23 last year, a week after he had told President Thabo Mbeki that he had secured a search and arrest warrant against Selebi.
No complaints
Trengove argued that there had never been a complaint against Pikoli until the week that Mbeki was told of the warrants. After informing Mbeki of the warrants, the two parted without any discord, except they had not agreed on when Pikoli would execute the warrant.
Mbeki then wrote to Mabandla asking for further details of the plans to arrest and prosecute so that he could create an enabling national security environment, given Selebi’s position.
”But she [Mabandla] does something completely different,” said Trengove in his closing arguments. She asked for all the evidence against Selebi over the previous 18 months and told Pikoli not to proceed with the prosecution of Selebi, he said, recapping on information presented at the inquiry.
”That is an unexplained event. It is unconstitutional and unlawful. It is, in fact, a criminal instruction in terms of the NPA Act,” said Trengove.
Pikoli wrote back to her saying this would be in breach of the NPA Act, and that is when the ”rupture” occurred. In a subsequent letter to Pikoli, Mabandla did not clarify or retract any of those requests, said Trengove.
”We simply don’t know how this came about because the minister has never explained it to us; only she can,” he said. ”What we do know is that this was the beginning of the end.”
Trengove said it was clear from the timeline of events that the Selebi investigation was the reason for Pikoli’s suspension.
He said the government put out a ”false” statement on his suspension, saying it was due to an irretrievable breakdown in the relationship between Pikoli and Mabandla.
On his suspension, Pikoli told the minister that it was not true that there was no trust between them, and she did not contradict him, Trengove submitted.
He argued that Pikoli not handing over what was described as a ”work in progress” report on allegations of a plot to bring African National Congress president Jacob Zuma to power was not unreasonable, given the way the report had been described to him.
He said the plea bargains initially complained about had either taken place before Pikoli was in office or that he had no personal involvement in them.
‘Failed in duty’
However, Moroka said that although Mabandla had recommended and accepted Pikoli’s appointment, the government felt he had failed in his duty. She said he was properly qualified as an advocate to practice, although he might ”need a little pupilage”.
”But that is not why he was appointed. He was appointed to head an organisation, and as head of that organisation Mr Pikoli has failed,” she said.
Trengove repeatedly questioned why Mabandla was not present to clarify or explain evidence that was in dispute. ”Where is she?” he asked.
However, Moroka said her presence was not necessary as the issues were common cause.
Ginwala is now expected to forward a report on her findings to Mbeki, who could lift the suspension. If he decides on Pikoli’s removal from office, he has to inform Parliament within 14 days of the removal. Parliament then has 30 days to consider it and pass a resolution to confirm the decision or to reinstate Pikoli.
Ginwala called the inquiry ”groundbreaking”. — Sapa