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Pikoli: Why I was suspended
17/02/2008 09:29  - (SA)  

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  • Pikoli makes submission
  • Selebi, Pikoli: Mbeki explains
  • Scorpions factbox

  • Johannesburg - Suspended National Prosecuting Authority (NPA) head Vusi Pikoli believes his suspension was the result of political interference by President Thabo Mbeki.

    Pikoli's lawyer, Wim Trengove SC, said while he could not comment on the details of his client's submission to the Ginwala inquiry, the thrust was that "all events indicate the suspension was linked to attempts to stop the (national police commissioner Jackie) Selebi investigation. It is for him (Pikoli) an important principle that the executive should not interfere (in the work of the NPA)".

    In an interview with City Press newspaper last Friday, Pikoli threw down the gauntlet, saying: "I don't think I have done anything wrong (that warrants this suspension)."

    Pikoli has already told former speaker of the national assembly, Frene Ginwala, that government did not have a substantive case against him and that his suspension was "arbitrary and unfounded"

    Ginwala is the chairperson of a commission of inquiry into his fitness to hold public office and the alleged breakdown of his relationship with Justice Minister Brigitte Mabandla.

    City Press understands that in his confidential submission to the Ginwala commission, Pikoli argues that there was no breakdown of the relationship, that the issuing of arrest warrants for national police commissioner Jackie Selebi was the main reason for his suspension, that Mbeki and his cabinet ministers were not kept in the dark about Selebi's probe and that he is fit to hold public office.

    Pikoli has officially dragged Selebi into his battle with Mbeki for the first time, noting that the terms of reference for the commission had little to do with his suspension. He attributed this to the Selebi investigation.

    Trengove said they had delivered files of documents which included Pikoli's main affidavit and other sworn statements from people versed in issues relating to the terms of reference.

    Pikoli's instructing attorney, Aslam Moosajee, told City Press earlier last week that Pikoli's submission would "deal with reports (furnished) to the minister (Mabandla) and the president in regard to the Selebi matter".

    Trengove said it was Pikoli's wish for the submissions to be made public, but Ginwala would decide after going through all the submissions.

    Mbeki meetings

    Pikoli's submission also shed further light on an affidavit by acting NPA head Mokotedi Mpshe outlining meetings Pikoli had with Mbeki and several cabinet ministers on the Selebi matter.

    "I also elaborate on those issues and meetings insofar as they relate to the terms of reference of the commission," Pikoli said.

    Mpshe's affidavit, filed in the Pretoria High Court in the case involving Selebi's attempt to thwart his prosecution for corruption and defeating the ends of justice, lists 10 meetings between Pikoli and Mbeki from March 2006 to September 2007.

    Pikoli met Mabandla 12 times in the same period. The last meeting was on September 11 ? a day after the NPA obtained the Selebi warrants.

    Mbeki's spokesperson Mukoni Ratshitanga said the presidency would not comment on the allegations. "Let's respect the fact that there is a commission and submissions are being made to the commission, not in a public forum," he said.

    The criticism of Pikoli has been that he failed to transform the Scorpions perceived to be targeting ANC leaders.

    At the time of his suspension, senior government officials said Pikoli had threatened to arrest Mabandla on charges of defeating the ends of justice for what he termed "interference" but what they called "a request for accountability".

    ANC claims

    In an interview with City Press, Pikoli spoke for the first time since the ANC conference had resolved to dissolve the Scorpions.

    He dismissed claims that the NPA was targeting ANC leaders.

    "You can't conjure up non-existent evidence," said Pikoli.

    He said no-one had claimed that the Scorpions were manufacturing evidence.

    "In any case, nobody is beyond investigation. Nobody is beyond prosecution. The truth is that the Directorate of Special Operations (Scorpions) is not targeting ANC people."

    He asked who in the ANC had been targeted when the DSO had investigated and arraigned senior executives after the collapse of Saambou and other similar entities.

    Pikoli's spirited defence of the Scorpions came in a week of drama in Parliament where Mbeki and the safety and security minister Charles Nqakula appeared to be reading from different scripts about the future of the unit.

    Pikoli said dismantling the country's most effective organised crime-busting unit was a shame.

    "The issue is that if people have a problem with the DSO, they should identify that specific problem and address it. If people say there is a political agenda being pursued, identify those who are pursuing it and deal with them," he said.

    "Others have said there are spies in the DSO, I say identify the people and make a case against them. Charge them with espionage. Don't just throw the baby out with the bathwater."

    Pikoli said claims that the DSO was infested with people who had worked for the apartheid regime were lame.

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