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Dumisane Lubisi

JUSTICE Minister Brigitte Mabandla’s “instruction” that the investigation into National Police Commissioner Jackie Selebi be stopped had created a constitutional crisis for the country, the Ginwala Inquiry heard this week.

The suspended National Director of Public Prosecutions, Vusi Pikoli, accused Mabandla of interfering in his duty of prosecuting Selebi, saying her interference was unconstitutional and unlawful.

In a week of drama at the Ginwala Inquiry investigating Pikoli’s fitness to hold public office, Pikoli took the fight to the state, saying the only reason he was suspended was because he refused to back down from the investigation and intended prosecution of Selebi.

Pikoli said other reasons, including an alleged breakdown of the relationship between him and Mabandla, were an after-thought to justify his suspension.

The inquiry, chaired by former Parliament speaker Frene Ginwala, also heard how government felt Pikoli’s running of the NPA created serious security problems for the country.

Coming under harsh cross-examination from Pikoli’s legal counsel, Wim Trengove, justice director-general Menzi Simelane denied Mabandla interfered in Pikoli’s duties.

He confirmed assisting Mabandla in drafting correspondence to Pikoli in which “information was sought” pertaining to Selebi’s case – but denied that this constituted interference.

Simelane said Mabandla only wanted “information” pertaining to Selebi’s case so that she could satisfy herself that the intended prosecutions served the public’s interest.

He also denied that Mabandla did, in her letter to Pikoli, give the National Director of Public Prosecutions (NDPP) an instruction when she said Pikoli should “not pursue the route that you have taken steps to pursue”.

Asked why Mabandla wanted to satisfy herself that “sufficient information and evidence does exist for the arrest of and preference of charges” against Selebi, Simelane said Mabandla was the public representative and “she takes full responsibility for decisions taken by the prosecutions” in terms of the Constitution.

“Nothing stopped the NDPP from continuing with a decision that he had taken. The minister merely wanted information that led to him taking such a decision,” Simelane said.

Trengove put it to Simelane, who endured tough questioning, that Mabandla’s letter to Pikoli demanding that he stop the execution of the warrants against Selebi constituted: