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Motlanthe's conscience 'clear' on Pikoli axing

9th December 2008

By: Sapa

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Suspended prosecutions boss Vusi Pikoli got the axe on Monday despite the verdict of an official inquiry that the government had failed to show he was unfit for office.

"I've taken this decision with a clear conscience," President Kgalema Motlanthe told journalists at a briefing in Pretoria.

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His announcement provoked a storm of reaction from opposition parties, with the Democratic Alliance suggesting he had failed the first real test of his presidency.

"President Motlanthe's decision to fire advocate Pikoli without justifiable explanation has all the hallmarks of a cover-up," the party said.

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It inferred that Pikoli was being fired to replace him with one who would "do the ANC's bidding in respect of the prosecution of [ANC president] Jacob Zuma".

United Democratic Movement leader Bantu Holomisa said it had to be remembered that Pikoli was the person who reinstituted corruption charges against Zuma.

"Clearly he is being punished for not delivering a verdict that suits the palace," he said.

Pikoli's attorney Aslam Moosajee said Pikoli was "obviously very disappointed.

"We are busy digesting all of this and will decide our next move."

This could be representations to Parliament, where Motlanthe's decision goes to be either confirmed or rejected, or the courts.

Motlanthe announced his decision to sack Pikoli at the same time that he released the report of the Ginwala commission, set up in September last year by former president Thabo Mbeki to look into Pikoli's fitness to hold office.

Pikoli claimed he was suspended because his office planned to arrest National Police Commissioner Jackie Selebi for corruption.

However Motlanthe told reporters on Monday that Ginwala had found "no basis... whatsoever" for the claim.

He said it would be "illogical" to keep Pikoli on in the post, and that he had decided Pikoli "should be relieved of his responsibility as the country's national director of public prosecutions".

He said Pikoli's professional competence was not in question.

"However it should be noted that the requisite skills would necessarily include professional competence as well as those outlined by the inquiry, in particular appreciation for, and sensitivity to, matters of national security."

Motlanthe said his decision would be communicated to Parliament within 30 days, and that Parliament would then either confirm or reject it.

"If there are to be any legal challenges to the decision that would have to be after Parliament had made its own decision," he said.

In her report, Ginwala noted that the government had failed to show in its submissions that Pikoli was unfit for office.

"The allegation has not been proven," she said.

She 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 Mbeki gave for suspending Pikoli.

However, Ginwala said, their interaction had been marred by differences in understanding of their respective duties and responsibilities.

She found that Pikoli could return to his job.

"I have found that government has failed to prove many of these allegations and has not demonstrated that advocate Pikoli is no longer fit and proper to hold office as the NDPP," she said.

"The grounds advanced by government for the suspension have not been established before the inquiry."
Ginwala said her most serious concerns arose from evidence of a discussion between Mbeki and Pikoli on the plan to arrest police chief Jackie Selebi.

"Pikoli... did not give due consideration to the actions the president might need to take in order to defuse a potential security crisis."

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

If this -- the suggestion that his conduct risked undermining national security -- had been presented as a reason for suspension, she would not have hesitated to find the reason legitimate.

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

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

Ginwala's report also criticised justice department director general Menzi Simelane.

"In general his conduct left much to be desired," she said.

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

Tlali Tlali, spokesman for the National Prosecution Authority, said the NPA understood that Pikoli was still on suspension.

"The president has announced the decision [to fire him], but it is a decision that has to be processed before Parliament," said Tlali.

 

 

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