JOHANNESBURG: President Thabo Mbeki suspended prosecutions head Vusi Pikoli because he posed a "threat to national security", his lawyers said yesterday.

Pikoli's legal team released the letter Mbeki wrote to Pikoli to inform him of his suspension, as public hearings, chaired by Frene Ginwala, into whether Pikoli was fit to hold office continued yesterday.

"I have evaluated the information at my disposal and have reached the conclusion that you, in your capacity as National Director of Public Prosecutions, have failed to appreciate the nature and extent of the threat posed by members of organised crime syndicates to our national security," Mbeki wrote.

"Such a lack of appreciation, in itself, amounts to a threat to our national security," he said. Mbeki also warned Pikoli that plea bargaining and immunity arrangements could not be done "at the expense of our national security".

Only in the third-last paragraph does Mbeki refer to the breakdown in the relationship between Justice Minister Brigitte Mabandla and his office "due to several incidents".

"Accordingly, this letter serves to inform you that I ... have decided to suspend you from office with immediate effect. You will continue to receive your full benefits during the period of suspension," Mbeki wrote.

Late last year, the Scorpions made a deal with drug kingpin Glen Agliotti - a close friend of suspended police chief Jackie Selebi. He pleaded guilty to drug dealing in a special plea and sentencing agreement, and in return he agreed to testify against syndicates importing and exporting drugs.

The hearing was also told Pikoli had considered "unconstitutional" an instruction by Justice Minister Brigitte Mabandla not to pursue warrants of arrest for Selebi.

Pikoli claims his suspension in September was intended to "put a spoke in the wheel" of his investigation into Selebi, who has since been charged with corruption and taken a leave of absence.

Under cross-examination, Justice Department director-general Menzi Simelane was told that in a letter on September 18, Mabandla instructed Pikoli not to proceed with the Selebi matter until she was satisfied his course of action was in the public interest.

Simelane agreed that Pikoli had refused to comply with that instruction. Pikoli's lawyer, Wim Trengove, told him Pikoli had viewed it as an attempt to interfere with him in the execution of his duties.

Simelane explained that Mabandla needed to know how Pikoli had arrived at his decision because she needed to give Mbeki a report and considered the matter one of national security. He acknowledged that he had drafted an application to have the Selebi warrants cancelled, and had given this to acting head of the NDPP Mokotedi Mpshe, who said he would consider it.

The arrest warrant was subsequently cancelled.

In other testimony yesterday, director-general in the Presidency Frank Chikane said Pikoli's handling of the criminal probe against Selebi could have created a "state crisis".

He acknowledged that the police had deliberately blocked several requests by the Scorpions over several months for intelligence documents and video footage relating to Agliotti.

He said Mbeki had put him in charge of a process to end the dispute, but that Pikoli had ignored his interventions.

However, Tim Bruinders, for Pikoli, told the hearing his client had, long before this, written a memorandum to Mbeki indicating he intended obtaining a search warrant for the files, and acknowledging that it was a "drastic" step.

Chikane, though, said Pikoli had shown a "lack of understanding of the implications of doing it the way he did".

The hearing continues today.

With acknowledgements to Jenni O’Grady, Carol Hills and Cape Times.