Public Prosecutions
1 October 2007
Following media reports regarding the suspension of the National Director of
Public Prosecutions (NDPP), Government would like to re-iterate its statement
issued on 24 September that the decision to suspend the NDPP was taken on the
basis of a breakdown in the working relationship between the National Director
of Public Prosecutions (NDPP) and the Minister of Justice and Constitutional
Development.
It should be noted that Section 179 (6) of the Constitution entrusts the
Minister of Justice and Constitutional Development with the final
responsibility and oversight over the prosecuting authority. The President
suspended the NDPP on the basis of his conclusion that the relationship
breakdown had the potential to hamper the discharge of the Minister's
constitutional obligations and that this could affect the administration of
justice.
The details of the breakdown in the relationship will be the subject of an
enquiry which will be led by Dr Frene Ginwala. President Mbeki appointed Dr
Ginwala in terms of section 12 of the National Prosecuting Authority Act 32 of
1998. The enquiry will look into Advocate Vusi Pikoli's fitness to hold office
as the National Director of Public Prosecutions. In terms of the NPA Act,
should the President decide to remove the National Director from office, after
receiving the report from the enquiry, he is required to communicate his
decision to Parliament within 14 days after such removal. Parliament has the
power to debate the matter and recommend to the President whether or not the
National Director should be re-instated. Government wants to give the assurance
that this process is being implemented in terms of the letter and spirit of the
law and the constitution.
Dr Ginwala is held in high regard by many South Africans as she has
demonstrated in many instances that she is able to put country before party in
matters of national interest. She will give details of how she intends to
execute this task at an appropriate time. We call on members of the media to
refrain from seeking interviews with her as her focus must be on beginning the
enquiry as soon as possible. Dr Ginwala has advised that she would like to
commence and conclude the enquiry as soon as possible because this matter is of
national importance.
We have noted all the media speculations about the possible reasons for the
suspension, but we regret to advise that no further details will be divulged as
this might pre-empt the outcome of the enquiry.
Government categorically denies the allegation that the suspension of the
NDPP was meant to protect the National Commissioner of Police, Mr Jackie
Selebi, as there would be no basis for the President to protect the
commissioner.
Government upholds the constitutional principle of impartiality in the
administration of justice and expresses full confidence in the criminal justice
system's capacity to deal with all matters of criminality without fear or
favour. We trust that South Africans will exercise patience and allow enquiry
the opportunity to conduct its work.
Enquiries:
Themba Maseko, Government Spokesperson
Cell: 083 645 0810
Issued by: Government Communications (GCIS)
1 October 2007
