consider
21 January 2009
Should Parliament 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? And should the National Prosecuting Act be clearer about
consideration to issues of national security?
These matters were flagged during sittings of the joint ad-hoc committee
that is considering the decision by President Kgalema Motlanthe to remove
Advocate Vusi Pikoli as National Director of Public Prosecutions.
The joint ad-hoc committee must recommend to Parliament's National Assembly
and National Council of Provinces whether the President's decision should be
upheld or not.
On Tuesday the Committee heard a presentation from Advocate Pikoli and today
Justice and Constitutional Minister Enver Surty and Director-General in the
Presidency Reverend Frank Chikane appeared before it.
Contrary to an earlier understanding by the committee, Mr Surty and the
Reverend Chikane did not appear before it to represent President Motlanthe. Mr
Surty drew attention to the unusual nature of the Ginwala Enquiry it was the
first enquiry of its nature under the National Prosecuting Act and the act
provided no guidance on how it should conduct itself. The enquiry had to
determine its own rules and procedures. The terms of reference for the enquiry
could have been drafted more meticulously.
Speaking as Minister of Justice and Constitutional Development, Mr Surty
said that, in his view, the President had made the correct decision in removing
Advocate Pikoli from office. There was no question about Advocate Pikoli's
integrity, competence and diligence but there were problems with the level of
importance he placed on issues of national security in the manner in which he
executed his role. Reverend Chikane echoed this view, saying the issue was not
about what Advocate Pikoli ought to do but how he did it.
The committee has postponed its next meeting to Tuesday, 27 January, when it
will begin deliberating on President Motlanthe's decision. Committee co-chair
Oupa Monareng urged committee members to look beyond their party interests in
the forthcoming deliberations because the issue under discussion was one of
national, public interest.
Enquiries:
Luzuko Jacobs
Manager Parliamentary Communications Services
Tel: 021 403 2124
Cell: 082 906 1438
Issued by: Parliament of South Africa
21 January 2009
Source: Parliament of South Africa (http://www.parliament.gov.za)
