fitness of Adv Pikoli to hold the Office of National Director of Public
Prosecutions
4 October 2007
The Terms of Reference for the Enquiry into the fitness of Adv. Vusumuzi
Pikoli to hold the office of National Director of Public Prosecutions (NDPP)
have been formulated by the President and are now in the public domain.
These Terms of Reference articulate the legal context, objectives, and ambit
of the Enquiry, and direct me to determine the fitness of Adv. Pikoli to hold
the office of NDPP. In the process of making such a determination the Enquiry
will need to establish the events that led to the provisional suspension of
Adv. Pikoli from his position by the President on 24 September 2007.
Pursuant to these Terms of Reference, the Enquiry will therefore initially
need to focus on two main issues:
1. the exercise of discretion by Adv. Pikoli in the decision to prosecute
offenders, or grant immunity from prosecution to suspects allegedly involved in
organised crime, with particular regard to the public interest and the national
security interests of the Republic; and
2. the breakdown of the relationship between the Minister of Justice and
Constitutional Development and the National Director of Public Prosecutions, in
the context of the legislative and constitutional obligations placed on the
Minister and the NDPP.
Government will be submitting its report detailing the circumstances and
events leading up to the suspension of Adv Pikoli within the next ten days. I
will thereafter solicit a response from Adv. Pikoli, together with any
additional submission he may wish to make. I have discussed the process with
Adv. Pikoli.
Once I have considered the reports from Government and Adv. Pikoli I will be
in a position to establish what further information is required in order to
enable me to arrive at a determination.
In as much as the Enquiry will need to consider the "national security
interests of the Republic", any decision on the extent to which the Enquiry may
be held in public will be determined at a later stage.
The seat of the Enquiry will be in Gauteng and appropriate premises are
being identified at this time.
I have been assured of being able to access the necessary independent legal,
administrative and logistical resources that I will require to assist me in
discharging my obligations in this Enquiry.
I intend to expedite the Enquiry having due regard to the importance of the
issues that it confronts as well as the need to provide sufficient opportunity
for comprehensive submissions by affected parties.
Enquiries:
Themba Maseko (Government Spokesperson)
Cell: 083 645 0810
Issued by: Government Communication (GCIS)
4 October 2007
