Pikoli: 'Surprise' 1st witness

2008-05-07 15:07

Johannesburg - The government began its submissions to the Ginwala inquiry on Wednesday by calling Deputy Justice Minister Johnny de Lange as its first witness, a move described by the defence as a "surprise late intervention".

Advocate Wim Trengove, representing suspended National Prosecuting Authority head Vusi Pikoli at public hearings into his fitness to hold office, told the inquiry that De Lange had been called "subject to an agreement".

The prospects of De Lange as a witness had been raised for the first time on Tuesday and his statement was given to Pikoli's legal team at 09:30 on Wednesday - half an hour before proceedings were to begin.

Pikoli's team had been told that De Lange's evidence would not be limited to his statement but that he would elaborate on it.

"We are taken by surprise by this late intervention," Trengove told the inquiry which is headed by Frene Ginwala.

However, it had decided to accommodate the government by agreeing to his testimony on two conditions.

The first was that it be given additional time to prepare for cross-examination should this be necessary.

'Irrelevant and inadmissible'

The second was that it be allowed to argue "at the end of the day" whether the inquiry "should have any regards to his evidence at all".

Trengove submitted that it appeared from De Lange's statement that the evidence he was called to give "is as a matter of law wholly irrelevant and inadmissible".

De Lange outlined for the inquiry his role in the government since 1994. He also explained how it came about that there was a clause in the Constitution dealing with the NPA.

Addressing the issue of plea bargaining, De Lange said its roots into legislation had been long and torturous.

He said the issue of whether to introduce plea bargaining had been a "very vexed and complex issue".

An initial submission by the law commission had been rejected and sent back.

"Once introduced, it does create sometimes very terrible results."

It was as a result of this that the way in which it was introduced became very important.

He said the South African authorities had tried to create a balance under which no one person made the decision but it was considered by a number of people.

Plea bargains

Ultimately, the decision rested with the judicial officer, De Lange submitted, adding that some judicial officers had thrown out plea bargains because they did not agree with the term.

Originally, Pikoli's predecessor, Bulelani Ngcuka, gave only the most senior people the authority to negotiate plea bargains to establish a practice of how it should be done.

President Thabo Mbeki suspended Pikoli as the head of the National Prosecuting Authority on September 24 last year and Ginwala, the former speaker of the National Assembly, was appointed on September 28 to head the inquiry.

- SAPA