It was illogical that suspended prosecutions boss Vusi Pikoli should return to office, President Kgalema Motlanthe said on Monday.

"It is illogical," Motlanthe told journalists at a briefing in Pretoria.

This was after the Ginwala inquiry -- established to look into
Pikoli's fitness to hold office -- noted that the government had failed in its submissions to find otherwise.

"The allegation has not been proven," read the report compiled after the inquiry.

The inquiry also found that the case for a breakdown in relations between then minister of justice Brigitte Mabandla and Pikoli had not been established. This was the reason given by former president Thabo Mbeki for suspending Pikoli.

However their interaction was marred by differences in understanding of the respective duties and responsibilities of each office with regard to the prosecuting authority.

The report found that Pikoli could return to his job.

Motlanthe however said he came to the decision that Pikoli be relieved of his duties, citing that he had not paid sufficient attention to national security.

Inquiry chairwoman Frene Ginwala said her most serious concerns arose from the evidence of the discussion between Mbeki and Pikoli prior to his suspension.

"Pikoli also did not give due consideration to the actions the president might need to take in order to defuse a potential security crisis and instability, to preserve the country's international reputation."

He even challenged to president's assessment of the time he would require to manage the situation.

If these had been presented as reasons for suspension -- that his conduct held a real risk to undermining national security - Ginwala said: "I would have not hesitated to find the reason to be legitimate.

"However, these were not among the reasons put forward by government before this inquiry."

Motlanthe maintained that he had made his decision based on the entire report and that it would be communicated to Parliament within the next 30 days.

Parliament would then either confirm or reject Motlanthe's decision.

"If there are to be any legal challenges to the decision that would have to be after Parliament had made its own decision. I've taken this decision with a clear conscience," he said.

Referring to Pikoli's argument that he had been suspended because his office planned to arrest National Police Commissioner Jackie Selebi for corruption, Motlanthe said the report found "no basis for that whatsoever".

Mbeki suspended Pikoli on September 23 last year and subsequently instituted the Ginwala commission.

During the inquiry Pikoli had to defend his approach to national security.

He had to answer for the lack of security accreditation for his officials tasked with searching former deputy president Jacob Zuma's office during investigations against him. He also appeared to have ignored a draft report known as the "Browse Mole" report, which alleged a foreign-funded coup to bring Zuma to power.

The prosecution authority's entering into plea bargain arrangements with people involved in organised crime was also queried.

During the inquiry Ginwala heard that Mbeki, who resigned in
September partly over inferences of an inappropriately close relationship with prosecution authorities, had needed time to make security arrangements before Selebi was arrested.

Mbeki said he needed two weeks and Pikoli had offered one.

Motlanthe said that even in hindsight Pikoli had said he probably would have defied the president.

"That really is a very serious matter."

Justice department director general Menzi Simelane was also
criticised. According to the report: "In general his conduct left much to be desired. His testimony was contradictory and without basis in fact and in law."

Motlanthe said Simelane's conduct had been referred to Justice Minister Enver Surty to look into.