National Director of Public Prosecutions Vusi Pikoli lacked judgement in his work, the state said in Johannesburg at Friday’s closing arguments into his fitness to hold office.
”He lacks judgement in the kind of things he does,” charged state advocate Kgomotso Moroka, seated opposite Pikoli, who showed no reaction.
Addressing the Ginwala inquiry, she said that individually, the state’s grievances against Pikoli did not warrant dismissal, but collectively, his activities amounted to impeachable conduct.
Pikoli was suspended last September for a range of reasons, including the government’s belief that he didn’t inform Justice and Constitutional Development Minister Brigitte Mabandla of his intention to execute search warrants at the premises of police National Commissioner Jackie Selebi, and that he failed to take national security into account when striking plea bargains.
Pikoli had argued that the only reason he was axed was to stop the charges of corruption and defeating the ends of justice that the suspended Selebi now faces.
Moroka submitted: ”A number of incidents since 2005 [occurred during] which, in the view of government, Mr Pikoli started conducting himself in a manner that was not fit for the national director of public prosecutions.”
She said that certain events showed inconsistent behaviour on the part of Pikoli. He had informed Mabandla about search warrants, but not about raids, and had allowed searches of African National Congress president Jacob Zuma’s office in August 2005 to be undertaken by unvetted officials.
On the complaint that Mabandla had not been kept informed of the dates that warrants would be executed, assessor Ismail Semenya asked why she had not simply asked Pikoli for them.
Moroka said that went to the nature of the relationship between the two.
Failure to keep the minister informed showed disrespect, and affected the respect her colleagues would have for her as well as how she reported to President Thabo Mbeki. If the prosecution wasn’t accountable to her, she would not be able to exercise her final responsibilities for her department, such as the formulation of policy.
‘Disrespect’
Moroka said Pikoli also showed ”utmost disrespect” to Mbeki by not agreeing with his request for two weeks to create an ”enabling” national security environment to execute the search warrant against Selebi.
She said the state agrees that the law gives the National Prosecuting Authority (NPA) independence, but that the justice minister has final responsibility over the authority.
”She is not just a reporting conduit. She has much more power than the NPA would have understood her powers to be,” argued Moroka.
The inquiry has heard allegations that Pikoli allowed his officials to interact with foreign agents. He also allegedly did not tell the National Intelligence Agency about a report he was given on claims of a plot to bring Zuma to power, and then not helping an investigation into its source.
He has also been accused of not cooperating with Justice Director General Menzi Simelane on performance reviews.
Pikoli has argued that the NPA is an independent body.
The validity of the warrants that enabled the searches at Zuma’s offices was confirmed in a Constitutional Court ruling on Thursday. Zuma will, however, approach the Pietermaritzburg High Court on Monday to have the case against him reviewed.
The findings of the Ginwala inquiry will be given to Mbeki, who will take them to Parliament for discussion. — Sapa