Tuesday, November 24, 2009

Pikoli, the NPA and the R7.5 million

Pierre De Voss on his blog "Constitutionally Speaking" wrote the following: "It is a pity that Vusi Pikoli decided not to embarrass the government by going ahead with his case in which he was challenging the lawfulness of his suspension and eventual firing as head of the National Prosecuting Authority (NPA). Instead, after a marathon mediation process, Pikoli accepted a R7.5 million settlement in which the government admitted that Pikoli was “competent, somebody with integrity, and dutiful” – in other words that he was indeed a fit and proper person and should never have been fired – and that it respected the independence of the judiciary and the NPA."

"This settlement to a large extent vindicates Pikoli and others who have maintained that he was fired on spurious grounds. Pikoli was obviously suspended by then President Thabo Mbeki because he failed to follow the unlawful instructions from then Minister of Justice Brigitte Mbandla, who took a few minutes out ohe her busy tea drinking schedule, to order him not to go ahead with the arrest of Jackie Selebi."

"Mbeki and Mbandla – as became clear at the Ginwala Inquiry – had a strange view of the constitutional requirement that the NDPP must act without fear, favour or prejudice and wrongly thought that the government had the power to order the NDPP to conduct specific investigations and arrests in a particular manner – something forbidden by the Constitution and not authorised by the NPA Act."

Source: Constitutionally Speaking

No comments:

Post a Comment