Staff Writer

Suspended national director of public prosecutions Vusi Pikoli has expressed his frustration with yesterday's adjournment of the inquiry to establish his fitness to hold public office.

The inquiry, chaired by former parliamentary speaker Frene Ginwala, was adjourned until Friday for the government to prepare its case .

Pikoli's attorney, Aslam Moosajee, said his client was "frustrated" as he wanted the inquiry finalised.

Moosajee said Pikoli "was suspended way back, on September 23 last year.

"One would have expected the state to know the reasons for their complaint way back then. With these delays, one gets the impression that they're making their case as they go along *1."

Indications were that the government lawyers intended to call further witnesses, despite saying on Monday that justice director-general Menzi Simelani would be their last.

Ginwala was appointed by President Thabo Mbeki to investigate Pikoli's fitness for public office after the president suspended him when Pikoli was gunning for the arrest and prosecution of police commissioner Jackie Selebi.

Ginwala said on Monday that while she had given the parties the option of which witnesses to choose, "I have not relinquished my right to call any witness that may be relevant for me to discharge my mandate." When the hearing started, Ginwala said to the government's counsel that her statement should not be construed as "trying to direct which witnesses you should call".

Ginwala was also given the mandate to determine whether the relationship between Pikoli and Justice Minister Brigitte Mabandla had "irretrievably broken down" and whether he did not appreciate the "extent of the constitutional and legal oversight powers of the minister over the prosecuting authority" .

The breakdown of the relationship between Pikoli and Mabandla was one of the reasons given by Mbeki for Pikoli's suspension. Pikoli argued, however, that there was nothing wrong with his relationship with Mabandla, and the real reason for his suspension was that he had obtained a warrant to arrest Selebi.

Without Mabandla' s testimony, it can be assumed that Ginwala must find it difficult to discharge her mandate.

She refused to comment on whether Mabandla would be called as a witness. Government had, from the beginning of the hearing, stated it did not intend to call Mabandla, despite her being Pikoli's main accuser.

Other witnesses the government initially intended to call were expected to testify on issues key to the complaint.

Acting police commissioner Timothy Williams' version of the stand-off between the Scorpions and the police is disputed by Pikoli. National Intelligence Agency director-general Manala Manzini could testify about another aspect of the complaint, that the Scorpions had gathered intelligence outside of its legal mandate.

The inquiry will resume on Friday.

With acknowledgements to Franny Rabkin and Business Day.