The dismissal of the national director of public prosecutions to protect alleged criminals

“President” Kgalema Motlanthe (or perhaps acting on instructions from Luthuli House) decided to fire the suspended national director of public prosecutions, Advocate Vusi Pikoli, even though the Ginwala Commission of Inquiry absolved him of any wrongdoing and further recommended that he be reinstated to his position. He believes it is illogical to reinstate Pikoli but fails to elaborate further what would be illogical about that.

Dr. Frene Ginwala in her report to the president made this recommendation: “As the government has failed to substantiate the reasons given for the suspension, Adv Pikoli should be restored to the office of NDPP. Adv Pikoli needs to be sensitised to the broader responsibilities of his office and in particular to enhance his understanding of the security environment in which that office should function.”

The Ginwala Report states that the behaviour of Adv Pikoli in dealing with the Browse Mole Report was indicative of his lack of sensitivity in dealing with matters of national security. While the Commission questions Pikoli’s sensitivity to matters of national security, it fails to arrive at a conclusive determination that Pikoli did in fact compromise national security through plea bargains, an inadequate relationship with the Minister of Justice, treatment of the Browse Mole Report and the assassination plot of the President of Malawi. Dr. Ginwala states on numerous instances in her report that the ANC government has failed to produce evidence to substantiate its claims against Pikoli. Therefore the decision to dismiss Pikoli is as questionable as the decision to “recall” Thabo Mbeki was.

The ANC during the Ginwala Commission had enlisted the services of a law firm, Garlicke and Bousfield, to advise on matters arising from the commission that affected it. At the time the ANC was highly critical of Thabo Mbeki’s decision to suspend Pikoli and said it was “opportunistic” and “unsubstantiated”, as reported by The Times. The ANC report said: “In our view, the manner in which government supplemented their complaints from the time of suspension … creates a justification to draw a reasonable inference that, at the crucial moment when the former president suspended Advocate Pikoli, he had no reasons at all to do so.”

It is rather surprising that Motlanthe has now taken a decision (assuming it is his decision and not the ANC’s) to fire Pikoli when his organisation held a view that Mbeki had faltered in suspending him. Either Motlanthe is defying the position taken by the ANC for which we would expect him to be “recalled”, or he is advancing an agenda that is in the best interest of the ANC and Jacob Zuma, disregarding public interest. The latter is more plausible given previous utterances of the ANC with regard to legal actions by the NPA against Zuma. The formation of the Congress of the People (Cope) appears to be the stumbling block to firing the current acting national director of public prosecution, Mokotedi Mpshe, and have him replaced with a Zuma sympathiser. Such a move would be ill advised and the ANC is aware that it would be seen as an attempt to protect Zuma and further confirm Cope’s allegation that the ANC has no regard for the principle of equality before the law.

When firing Pikoli, Motlanthe indicated that the decision was influenced by references contained in the report about Pikoli’s lack of sensitivity to matters of national security. The ANC had found a smoking gun to eliminate those they proclaim to be “persecutors” of Jacob Zuma. Pikoli had been relentless in his pursuit to bring Zuma to justice and his determination must have angered the powers that be in Luthuli House. A political solution to the legal woes of Jacob Zuma had always been preferred to following the legal route. This is a worrying tendency by the ruling party to subvert the rule of law and elevate its leaders above the legal prescriptions. The decision by the NPA to challenge the flawed Nicholson judgment was met with derision as it threatened to scupper plans by the ANC to install Zuma as president of the country in 2009.

It has been muted that Ngwako Ramatlhodi may be appointed national director of public prosecutions in the Zuma government. If that eventuality materialises, we may see reverse “persecutions”, where those who are believed to have been part of the nonsensical political conspiracy against Zuma and some members of opposition are subjected to vindictive investigations. The great purges from national to municipal levels appear to have been already the beginning of a protracted abuse of power and state resources. If the ANC has any expectation of the rest of us to believe that their decision to relieve Pikoli of his duties was not politically motivated, it would be prudent that they appoint Mokotedi Mpshe to a permanent position without delay.

There is already some absurd investigation against allegations of impropriety against Phillip Dexter, who was been suspended from the Mpumalanga Economic Growth Agency board (Mega) not long after he tendered his resignation from the SA Communist Party (SACP) and the ANC to join Cope. There will without doubt be more politically motivated investigations post 2009 elections after a Zuma sympathiser is appointed to head the NPA.

It is important to remember that Dexter, when acting chief executive at the Mpumalanga Economic Empowerment Corporation (MEEC), became a subject of repeated death threats in 2005 after spearheading corruption investigations into senior Mpumalanga provincial politicians as well as trade union and business figures. Members of the ANC have declared publicly their willingness to kill for their leader. Nothing will stop the ANC from abusing its power for the attainment of its sinister political aims. It is less likely that Mpshe would be appointed permanently as such a move would not be in the best interest of Zuma and some other leaders within the ANC who are facing allegations of corruption.

The reinstatement of the Directorate of Special Operations (the Scorpions) would be a priority in the Cope government’s effort to fight crime and guarantee personal and property security so that we may all live free from fear and want. The need for effective investigation and prosecution of certain specified offences and the gathering of intelligence relating to such offences, still remains. We condemn the abuse of state power to advance personal agendas and to subvert justice. No party can claim to be serious about crime when it disbands effective law enforcement agencies and dismisses those who prosecute connected criminals.