Cape Town - A Joint Ad-hoc Committee will next week decide whether to ask Members of Parliament to endorse or overrule Advocate Vusi Pikoli's dismissal as National Director of Public Prosecutions by President Kgalema Motlanthe.
The Committee will recommend to Parliament's National Assembly and National Council of Provinces whether the President's decision should be upheld or not.
A two-day intense meeting, which started on Tuesday, heard both Advocate Pikoli's plea for them to overturn his dismissal as well as the government's response to this.
Adv Pikoli, who was suspended by former President Thabo Mbeki in 2007, was relieved of his responsibilities as the National Director of Public Prosecutions (NDPP) by President Kgalema Motlanthe last month following an inquiry into the suspension and the release of the Report of Enquiry into his fitness to hold office.
The inquiry last year into the suspension, headed by former National Assembly speaker Frene Ginwala, found that Adv Pikoli was fit to hold office and should be reinstated.
However, President Motlanthe refused to reinstate him, citing a comment by Ms Ginwala that though this area was not part of her brief, she believed he had failed to show proper regard for national security.
Mr Pikoli told the Committee he believed that he was suspended by former President Mbeki to stop the investigation of the National Police Commissioner, Jackie Selebi.
He said he refused to bow to pressure from Mr Mbeki and former Justice Minister Brigitte Mabandla because he could not allow the independence of the judiciary to be undermined by a meddling executive.
However, Presidency Reverend Frank Chikane, Minister in the Presidency, and Justice Minister Enver Surty on Tuesday rejected that Mr Mbeki had meddled in the case to spare Mr Selebi. Both felt that Mr Pikoli had acted irresponsibly.
"Contrary to Mr Pikoli's claims, Ms Mabandla had never sought to undermine the independence of the NPA," Mr Surty said.
Mr Surty believed President Motlanthe had made the correct decision in removing Mr Pikoli from office.
"While there was no question about Mr Pikoli's integrity, competence and diligence there were problems with the level of importance he placed on issues of national security in the manner in which he executed his role," he said.
Rev Chikane told the Ad-hoc Committee that Mr Mbeki suspended Mr Pikoli in 2007 because he had information that Mr Selebi's arrest on corruption charges could destabilise the country.
"Mr Mbeki had asked Mr Pikoli to wait two weeks before arresting Mr Selebi on corruption and fraud charges, but the NPA director said he would wait only one week.
"Mr Mbeki did not apparently object at the time, but then suspended Mr Pikoli two days later," Rev Chikane said.
He further said the reaction of Mr Pikoli's actions towards Mr Selebi's case was one of total shock and at a lack of sensitivity by Mr Pikoli to national security.
"Did he (Pikoli) not understand security matters or risks? It is wrong to say the President abused power. There was no abuse of power. I was there. The President did nothing to stop Mr Pikoli from arresting Mr Selebi. What we did was not to stop the arrest but to avert a crisis."
However, Mr Pikoli feels he was vindicated by the fact that his successor, Mokotedi Mpshe, also concluded that there was a case against Mr Selebi, who is expected to go on trial in April for alleged corruption involving some R1.2 million.
Other issues flagged during the sitting of the Joint Ad-hoc Committee included whether Parliament should have a say over the hiring of the National Director of Public Prosecutions and not only the firing of the incumbent, as is currently the case.
They also discussed whether the National Prosecuting Act should be more clearer about consideration to issues of national security.
The Committee has postponed its next meeting to next week Tuesday, when it will begin deliberating on President Motlanthe's decision.
Committee Co-Chair, Oupa Monareng urged the committee members to look beyond their party interests in the forthcoming deliberations because the issue under discussion was one of national, public interest.
