on the Johannesburg Bar Council's statement
23 October 2007
The Department of Justice and Constitutional Development has noted with
disquiet the Johannesburg Bar Council's comment on the suspension of the
National Director of Public Prosecutions, Advocate Vusi Pikoli, which according
to the Council's own admission is based exclusively on media speculation.
Government has, from the beginning, made it clear that it will respect the
due process that is provided for in the National Prosecuting Authority Act in
addressing the matter of the suspension of the National Director for Public
Prosecutions. Observing due process entails not making undue comments on the
matter as it is a subject of a formal enquiry provided for in the
legislation.
The fact that government is acting according to provisions laid out in the
law that governs the National Prosecuting Authority and is refusing to be drawn
into speculation on the matter until the enquiry into the process has run its
course, is a clear indication that government respects the country's legal and
constitutional imperatives. It is therefore disturbing that the Johannesburg
Bar Council should suggest that government should not respect that legal and
constitutional due process currently under way.
The Johannesburg Bar Council also conflates a number of unrelated issues.
However, the Department wants to reiterate that government respects the
independence of the judiciary and the role of the National Prosecuting
Authority. We would like to point out that the executive is entitled to engage
with judicial institutions in the carrying out of their functions as is normal
practice in any environment.
We would also like to point out that contrary to the Johannesburg Bar
Council's charge; no government department has ever refused to comply with any
court judgement. However, the Department pledges to assist with compliance
within government if the Johannesburg Bar Council could be kind enough and
indicate to us those Departments that do not comply with court orders.
Enquiries:
Mr Zolile Nqayi
Justice and Constitutional Development
Tel: 021 467 1714
Cell: 082 898 6483
Fax: 021 467 1732
E-mail: znqayi@justice.gov.za
Issued by: Department of Justice and Constitutional Development
23 October 2007
