ANC chairman Mosiuoa Lekota has defended the decision to suspend National Director of Public Prosecutions (NDPP) Vusi Pikoli, as well as the police probe into the alleged theft of Health Minister Manto Tshabalala-Msimang's health records.

He was responding in the National Assembly yesterday to criticism from MPs, including Democratic Alliance parliamentary leader Sandra Botha and African Christian Democratic Party leader Kenneth Meshoe.

Botha said reasonable South Africans were deeply concerned about developments relating to Pikoli and National Police Commissioner Jackie Selebi.

President Thabo Mbeki's decision to suspend Pikoli and the revelation that an arrest warrant had been issued for Selebi raised serious questions about a possible violation of the constitutionally entrenched principle of separation of powers, in that the executive might have undermined the independence of the NDPP, Botha said.

Meshoe questioned why, given the serious crime situation, a top investigator had been tasked with probing Tshabalala-Msimang's case.

"We question why a top police officer has been appointed to investigate a case that is a relatively minor offence in comparison to the thousands of murder and rape cases that go unresolved," he said.

Lekota said glib accusations that government was abusing power or manipulating instruments of power to arrest innocent people were unacceptable.

It was strange logic to say that when a crime was reported to police, they should investigate on the basis of whether they thought it "a big or important crime or not", he said.

Any crime reported to police, if they had the ability to investigate it immediately, should be investigated.

"Whoever is guilty must be brought to book. We cannot say but why do you arrest this criminal so quickly? You should arrest other criminals first."

Regarding Pikoli, Lekota said the executive had stated it had to be established "whether this individual is fit for the office he is serving".

Freedom Front Plus leader Pieter Mulder asked Lekota why Pikoli had been considered "fit and proper" when he was appointed to the position but was now suddenly alleged to be unfit.

Said Lekota: "Government has said that there has to be a check whether he's fit and proper for office. Whether he's fit or not fit will be decided by the inquiry."

The opposition often accused the executive of making inappropriate appointments. "Why in this case do you not want the executive to examine whether that appointment is appropriate or not?" he asked.

Koos van der Merwe of the Inkatha Freedom Party wanted to know whether it was "just and fair for an ANC political activist" - Frene Ginwala - to lead the investigation instead of a high court judge.

Lekota said he was satisfied that Ginwala "is very appropriate".

The defence minister also railed at those criticising law-enforcement agencies and claiming unjust attention from them.

It did not contribute to strengthening democracy when an individual arrested or charged for a crime, or investigated by police claimed abuse of state power or a conspiracy against themselves, he said.

"If it's like that, all of us can commit crimes and then say 'there is a plot against me; there is a conspiracy against me'.

"We will no longer be able to investigate anybody.

"Therefore to say that when people are faced with possible litigation by the state, matters that will appear before court then to attack the policing agencies is to become instruments of criminals."

"And I think that can only undermine our democracy. If any individual is innocent, let them go to court and prove their innocence in the courts," Lekota said.

With acknowledgements to Sapa and Pretoria News.