Motlanthe’s decision not to re-appoint Pikoli not in line with National Prosecuting Authority act

By Cindy Witten
and Mandisi Tyulu
09 December 2008

President Kgalema Motlanthe has decided against keeping Vusi Pikoli on as National Director of Public Prosecutions. However, in an address to the nation, Motlanthe said that Pikoli’s professional competence was not in question. Former president Thabo Mbeki suspended Pikoli on September 23 last year, citing a breakdown in relations between Pikoli and former justice minister Brigitte Mabandla.

The ACPD has expressed its disappointment with government’s decision. Spokesperson for Justice Matters ACDP’s Steve Swart says that the party does not believe that government is serious in its attempts to fight crime.

“The ACDP is shocked and disappointed by the decision by President Motlanthe not to re-appoint Advocate Pikoli as head of the National Prosecuting Authority (NPA). This particularly following the Ginwala Commission finding him a fit and proper person to hold such a position,” said Swart.

Swart added that the ACDP is of the opinion that the issue of national security raised by President Motlanthe, appears to be a cover up to get rid of Advocate Pikoli.

UWC constitutional law expert Pierre De Vos says he was surprised by the decision to fire Pikoli as the decision was not in line with the National Prosecuting Act.

“The removal of Vusi Pikoli from office, seeing as the Ginwala Commission has not found any of the criteria that would warrant removal was present. The Ginwala Commission did however say that for security reasons, Pikoli did not have acted in the correct manner,” said De Vos.