Mabandla instruction 'unlawful'

Justice Minister Brigitte Mabandla's order that prosecutions boss Vusi Pikoli not proceed with the prosecution of National Police Commissioner Jackie Selebi so that she can get more information on the matter was a criminal instruction, Pikoli's lawyer Wim Trengove said on Friday.

"That is an unexplained event. It is unconstitutional and unlawful. It is in fact a criminal instruction in terms of the NPA (National Prosecuting Authority) Act," said Trengove.

In the closing argument of the hearing into Pikoli's fitness to hold office, Trengove said there had never been a complaint against Pikoli since he took office in early 2005.

Trengove said that after Pikoli informed President Thabo Mbeki that he had secured a search and arrest warrant against Selebi, the two parted without any discord, except they had not agreed on when Pikoli would execute the warrant.

Mbeki then wrote to Mabandla asking for further details of the plans to arrest and prosecute so that he could create an enabling national security environment, given Selebi's position.

Mabandla asked for all the evidence against Selebi over the last 18 months and told Pikoli not to proceed with the prosecution of Selebi, he said, recapping on information presented at the inquiry. Pikoli wrote back to her saying this would be in breach of the NPA Act and, argued Trengove, this is when a "rupture" occurred.

In a subsequent letter to Pikoli, she did not clarify or retract any of those requests, said Trengove. "We simply don't know how this came about because the minister has never explained it to us, only she can," he said. "What we do know is that this was the beginning of the end."

Trengove said it was clear from the timeline of events that the Selebi investigation was why Pikoli was suspended. He said the government then went on to put out a "false" statement on Pikoli's suspension, saying it was due to an irretrievable breakdown in their relationship.

On his suspension, Pikoli told Mabandla this it was not true that there was no trust between them and she did not contradict him, Trengove submitted. Firing Pikoli would create "a great injustice and incalculable damage," he argued.

The complaint that he did not consider national security by disagreeing about the two weeks Mbeki needed before the planned Selebi action was mentioned for the first time at the start of hearing, he said. He submitted that the charges were unfounded and said the only person who could clarify matters and prove that there was a case was Mabandla. "Where is she?" he asked.

Source: News 24.com