Quote of the week

The judgments are replete with the findings of dishonesty and mala fides against Major General Ntlemeza. These were judicial pronouncements. They therefore constitute direct evidence that Major General Ntlemeza lacks the requisite honesty, integrity and conscientiousness to occupy the position of any public office, not to mention an office as more important as that of the National Head of the DPCI, where independence, honesty and integrity are paramount to qualities. Currently no appeal lies against the findings of dishonesty and impropriety made by the Court in the judgments. Accordingly, such serious findings of fact in relation to Major General Ntlemeza, which go directly to Major General Ntlemeza’s trustworthiness, his honesty and integrity, are definitive. Until such findings are appealed against successfully they shall remain as a lapidary against Lieutenant General Ntlemeza.

Mabuse J
Helen Suzman Foundation and Another v Minister of Police and Others
1 October 2007

Frene Ginwala: independent?

Frene Ginwala yesterday defended her appointment by President Thabo Mbeki to investigate whether there were legal grounds to fire the National Director of Public Prosecutions, Vusi Pikoli, saying that it was not a problem that she happened to be a member of the National Working Committee of the ANC, the party just co-incidentally headed by the same President Mbeki. Business Day reports:

One of the problems we have in this country is the view that a committed politician cannot be independent and cannot be impartial,” Ginwala said. The suggestion that politicians always put party interests before national ones was very “damaging” not only for the country but for the image of politicians.

Ginwala pointed out that she refused to resign from the ANC when she was appointed speaker. She challenged those demanding she did so to lay on the table any decision she took that was motivated by party political interests.

Those of us who remember her role in emasculating the arms deal investigation of Scopa just as it was gathering steam may find it difficult to keep a straight face when confronted by Ginwala’s challenge. Of course the irony is that Ms Ginwala has built up a reputation as quite an independent minded person, which was why she was fired as Speaker.

This could either be interpreted as showing that she will be fearless and will not hesitate to make a finding that would embarrass the leader of her party, or conversely that she would have learnt her lesson after being fired and that she would thus now toe the party line at all cost.

The point is that no matter what she does, there will remain a reasonable suspicion that she could not possibly be impartial, given her political commitments. This means the investigation is probably fatally flawed from the start as those who disagree with its findings will all point to her membership of the NSC to show why her conclusions were wrong and biased.

The relevant provision of the National Prosecuting Authority Act actually provides the President with wide powers to appoint anyone he deems fit to investigate this matter. He is therefore within his rights to appoint Ginwala. He could have appointed Ronald kevin Roberts if he had wanted to. (Imagine what a wonderful but macabre show that would have been!)

But the point is that it is imperative that the process is respected. The NDPP fulfills a vital role in our democracy and removing him from office should be a last step which should be undertaken in a way that would leave no reasonable suspicion that he was fired to protect corrupt friends and comrades. Frene Ginwala will find it difficult to convince any of us that she is the person to deliver such a credible investigation.

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