Pikoli warns Motlanthe of legal action
28 January 2009

Suspended National Prosecuting Authority (NPA) boss Vusi Pikoli has written to President Kgalema Motlanthe informing him of imminent legal action and cautioning the president against appointing his successor. While an inquiry chaired by former speaker of Parliament Frene Ginwala found Pikoli fit to hold office, Motlanthe decided that he should be fired, effectively endorsing former president Thabo Mbeki’s decision to suspend him on the grounds that he showed a lack of “appreciation and sensitivity to matters of national security”.

Motlanthe’s spokesman Thabo Masebe and Pikoli’s lawyer Aslam Moosajee confirmed the existence of the letter but refused to comment further, saying the matter was before Parliament. With the National Assembly widely expected to ratify Motlanthe’s decision to remove Pikoli from office, the suspended NPA head’s letter attempts to delay the appointment of his replacement until the court has heard an application for a review of the matter.

It is understood Pikoli will approach the court on the grounds that the decision to remove him was not rational. Motlanthe also reportedly offered Pikoli a R10m settlement, a move that could strengthen Pikoli’s legal challenge. While Motlanthe would come under scrutiny if the matter goes to court, officials who served under Mbeki could also be dragged into the fray. Insiders said that the director-general in the Presidency, Frank Chikane, and a legal adviser in the Presidency, Mojanku Gumbi, had driven the process against Pikoli.

The succession battle in the NPA is in sharp focus as it is the incumbent in that office who will have to weigh up representations made by African National Congress (ANC) president Jacob Zuma and decide on whether to continue the corruption case against him. Zuma is the ANC’s presidential candidate and poised to be the next head of state. If the Pikoli matter is not resolved before the election, Zuma could well appoint the person who will decide the future of his case — when he is head of state.

Motlanthe is not legally constrained by Pikoli’s letter. He could appoint a new NPA head while awaiting the outcome of Pikoli’s legal challenge.

Hajra Omarjee, www.businessday.co.za