Vusi Pikoli is challenging his sacking as prosecutions head in an effort to defend the Constitution and the rule of law, according to papers prepared for submission to the Pretoria High Court on Wednesday.
Although he needs a salary to support himself and his family, this is not his motive, he submits.
”My motive instead is to vindicate the Constitution, the rule of law and particularly the principle of prosecutorial independence implicit in section 179(4) of the Constitution.
”I passionately believe in these principles and have sworn an oath of office to uphold them. I believe that this application is necessary to vindicate them because my removal from office violated the principle of prosecutorial independence, the rule of law and the Constitution.
”If I do not make a stand, these values would be severely damaged,” he argues.
Pikoli has aimed his challenge at President Kgalema Motlanthe, who recommended that he be fired, the speaker of the National Assembly and the chair of the National Council of Provinces, who managed the votes in Parliament to confirm Motlanthe’s decision.
He wants the president’s decision to be reviewed, set aside and declared invalid.
He reiterated many of the points covered in the inquiry into his fitness to hold office, chaired by Frene Ginwala last year. That report was given to Motlanthe, who decided to fire him on the grounds of a point in the report that he did not fully appreciate national security matters.
He tackles the events leading up to him securing a search-and-arrest warrant against police National Commissioner Jackie Selebi, the draft Browse report — which alleged a plot to topple former president Thabo Mbeki — and an intelligence request from Malawi, among others.
He argues that it is in the public interest that the matter be dealt with quickly because an acting national director of public prosecutions (NDPP) does not ”enjoy the same protection of his independence”.
Pikoli submits that if the president does not give an undertaking to hold off on a new permanent appointment, he will seek an interdict to prevent the appointment of a new NDPP.
He believes Ginwala’s criticism of his conduct in relation his handling of the Browse report was ”unfounded”. He said her criticism of his handling of the Malawi matter was ”overblown”.
He argues that his refusal to comply with an instruction by former justice minister Brigitte Mabandla that he hold off on the Selebi arrest until she was satisfied that there was sufficient evidence to do so ultimately led to his suspension.
He denies that he does not understand national security issues, given as a reason for his dismissal.
”I submit with respect that I am more experienced in and have a greater understanding of national security issues than is required of an NDPP. The president’s conclusion to the contrary is, with respect, quite wrong.” — Sapa