Publication: The Star Issued: Date: 2007-09-25 Reporter: Wendy Jasson da Costa, Reporter: Karyn Maughan Reporter: Louise Flanagan

Zuma 'Link' to NPA Shock

 

Publication 

The Star

Date

2007-09-25

Reporter

Wendy Jasson da Costa,
Karyn Maughan,
Louise Flanagan

Web Link

www.thestar.co.za

  

Barely hours after National Prosecuting Authority head Vusi Pikoli was suspended, there were already rumblings from the Jacob Zuma camp that the move was directly linked to their man.

Pikoli, the National Director of Public Prosecutions (NDPP), was suspended by President Thabo Mbeki at the weekend following an "irretrievable breakdown" in the working relationship between him and Justice Minister Brigitte Mabandla.

On Monday, government spokesperson Themba Maseko said Pikoli would be subjected to an inquiry and that his deputy, Mokotedi Mpshe, would take over as acting NDPP.

However, Zuma has previously painted Pikoli as Mbeki's puppet and his suspension comes after Zuma's repeated allegations that the state's efforts to investigate him were "engineered" to cast him as a criminal ahead of the ANC's crucial elective conference in December.

Pikoli's suspension also comes days after the state completed its latest round of legal battles to obtain evidence against Zuma and French arms company Thint in connection with fraud and corruption.

Although under increasing pressure to reveal whether the National Prosecuting Authority (NPA) would charge Zuma again, Pikoli and the state's representatives have made it clear that they would do so only if and when they have finalised their investigations.

And this hesitation, Zuma supporters hint, is what is behind Mbeki's decision to suspend him.*1

Once considered one of Mbeki's inner circle, it was Pikoli who claimed to have taken the decision to charge Zuma with fraud and corruption after the conviction of his former financial adviser, Schabir Shaik. But Zuma has claimed in court papers that Pikoli did so on Mbeki's instruction.

Pikoli vehemently denied these claims, which were made in Zuma's successful bid to have the fraud and corruption case against him struck off the roll.

Senior state advocates have reacted with shock to news of Pikoli's suspension, and questioned the reasons for the move and its lawfulness.

"We are all totally devastated," a senior prosecutor told Independent Newspapers on Monday. "It is a massive shock."

Like all the prosecutors interviewed by Independent Newspapers, he said there was no provision under the constitution that allowed for Pikoli's suspension.

"It is for parliament to decide - if he is found to be incompetent, only they have the power to fire him. Quite frankly, no one could ever make that allegation. Vusi has always operated at the highest level of competence and professionalism."

Another prosecutor commented: "This whole thing simply cannot be about so-called working relationships, it simply cannot be. I think that everyone is smelling a very large rat.

In terms of the National Prosecuting Authority Act, Mbeki may provisionally suspend the NDPP pending an inquiry into his or her fitness to hold office.

Mbeki may remove Pikoli from his job for misconduct, ill-health, incapacity or if he "is no longer a fit and proper person to hold the office", the act states.

The SA Communist Party said yesterday that "shifting people around" was not enough because the entire NPA needed an overhaul "very seriously".

SACP spokesperson Malesela Maleka said the institution had lost credibility in the eyes of ordinary citizens in the way it had conducted itself.

Democratic Alliance leader Helen Zille said Pikoli's suspension had "immense national implications".

She said the DA would request the justice portfolio committee to be recalled as soon as possible for a full briefing on Mbeki's decision. The committee is currently on a three-week recess.

Independent Democrats leader Patricia de Lille said the ID would support Pikoli's suspension only if he had failed to meet his constitutional obligations, and not if it was "just" a relationship problem between him and Mabandla.

• This article was originally published on page 1 of The Star on September 25, 2007

With acknowledgements to Wendy Jasson da Costa, Karyn Maughan, Louise Flanagan and The Star.



*1       This is nonsense.

The reason why Pikoli has been suspended is because he is required to do things in a very precise and directed way.

When things turn out not to be the liking of his bosses, then push.