It is a pity that Vusi Pikoli decided not to embarrass the government by going ahead with his case in which he was challenging the lawfulness of his suspension and eventual firing as head of the National Prosecuting Authority (NPA). Instead, after a marathon mediation process, Pikoli accepted a R7.5 million settlement in which the government admitted that Pikoli was “competent, somebody with integrity, and dutiful” – in other words that he was indeed a fit and proper person and should never have been fired – and that it respected the independence of the judiciary and the NPA.
This settlement to a large extent vindicates Pikoli and others who have maintained that he was fired on spurious grounds. Pikoli was obviously suspended by then President Thabo Mbeki because he failed to follow the unlawful instructions from then Minister of Justice Brigitte Mbandla, who took a few minutes out ohe her busy tea drinking schedule, to order him not to go ahead with the arrest of Jackie Selebi.
Mbeki and Mbandla – as became clear at the Ginwala Inquiry – had a strange view of the constitutional requirement that the NDPP must act without fear, favour or prejudice and wrongly thought that the government had the power to order the NDPP to conduct specific investigations and arrests in a particular manner – something forbidden by the Constitution and not authorised by the NPA Act.
Then President Motlanthe fired Pikoli because – as Pikoli made clear during his testimony in the Selebi trial – he was not willing to be party to the unlawful dropping of charges against Jacob Zuma. Unlike Mokothedi Mpshe, who was somehow ”persuaded” to drop charges against Zuma despite believing that the state has a winnable case against our President, Pikoli had shown during the Selebi standoff with Mbeki that he is a man of principle.
We will now have to see if Mpshe will be “rewarded” for dropping the charges against the President by being appointed as the permanent head of the NPA or whether President Zuma will appoint one of his other friends to that position. If I was President Zuma I would think twice about appointing Mpshe because he stuffed up the dropping of the charges by plagarising an overturned Hong Kong decision and providing “reasons” for his decision that were so laughable and absent any legal reasoning that even Pinocchio would have been embarrassed to have been associated with the decision.
On the other hand, the case challenging this seemingly unlawful decision by Mpshe is still going ahead, so President Zuma has a vested interest in keeping Mpshe on board and happy and not to upset the man who has done him this very big favour. If Mpshe is not appointed and he throws his toys out of the cot and reveals what happened during the dropping of the charges, it might just reflects very badly on our President, Hulley and others who was party to this obvious political deal, which had very little to do with the law.
But Mpshe does not seem like a strong-willed man who would ever make any waves, so it might well be that President Zuma will decide not appoint Mpshe but will rather appoint a trusted ally to the position of the NDPP. After all, he will have to be on the safe side in case the challenge to the dropping of charges is successful. Zuma would then need a trusted friend as head of the NDPP to ensure that the charges are made to go away once again.
There is one thing we all know and that that Zuma cannot afford to go to court because there is a wealth of evidence amassed against him and if he has to stand trial it will ruin his reputation. There is also a strong likelihood that he will be convicted and it would be rather awakward to have a President convicted of fraud and corruption. (Even those who claim that there was some kind of a conspiracy against Zuma knows deep down that our President took money from a crook, did favours for that crook and then lied about it – that is why they have to shout so loudly about the conspiracy in order to take our minds off the elephant in the room.)
Of course we are all feeling a bit awkward to talk about this simple but rather inconvenient fact as Jacob Zuma is now our President and many of us sort of like him (even if he seems indecisive and weak and not the sharpest tool in the shed – compared to Mbeki, at least). It’s a bit like dealing with that alcoholic aunt or that brother in jail: we remember them fondly at family events, but we studiously avoid mentioning THAT.
After all, we feel somehow implicated because it is our family and we are justifying their destructive or illegal behaviour by our support. So better not talk about it in case we have to confront our own complicity in the family scandal.
Pierre or anyone,
Do you remember what the initial offer from government was? I mean the one he rejected earlier this year, him (Pikoli) being a ‘principled man’ and all.
It was R10 mill, we got 25% discount as taxpayers.
The clean and principled seem to be gathering some dust lately.
We are all human after all.
In the process we wasted time in courts, had a headless NPA for 2yrs, legal fees, Officials(Presidency, Justice etc) spent time on this, just to give a still birth for the sake of principles.
Media and others were cheering this circus and inflating egos.
It was wrong for Mbeki to fire Pikoli but that did not give Pikoli a license to hold the new administration and the country in ransom. He should have accepted the loot and whistle all the way to the next BEE transaction.
This was never about principles.
Although I make comments every now and then, I must admit that the issues being discussed in this blog are too complicated for me. Which means I may, in one instance, think I am right but only to be wrong whilst in another instance I may think I am wrong but only to be right. Thus my hope is on you to provide objective analysis and criticism so that people like me can learn.
The question is whether South Africa’s fledging new Democracy, with all its fine principles and standing in law, is able to withstand the onslaught we are being subjected to daily?
If this were Rugby or Soccer, the score being about ten/null, with nary a goal for the home boys, we’d fire the coach and all his staff.
And, will Selebi ever see a jail cell? What odds do we think a bookmaker would offer?
Khosi, the one that Pikoli rejected first, if I remember very well, was not accompanied by the state’s declaration of his innocence and acknowledgement that he is in fact a fit and proper person to head the NPDD who understood and always advocated for the independence justice even when put under huge political pressure. So in my view, he stood by his principle and he succeeded in protecting it and his position on the wrong reasons for which he was suspeneded.
et tu Pikoli , I am sadly disappointed by his decision to take the money, but can understand the pressure he must have been under.I wonder if your average joe public understands what really happened here. In the USA (for example) people would not tolerate this, they would be marching in the streets calling for Zuma’s head! Evil triumphs when good people do nothing. What will it take for rightthinking people to start actually coming out in public with flags and banners in support of people like Pikoli or against gov abuses? Perhaps if Pikoli was aware of how many people support him he would have fought on? The tide will turn I believe. Remember how Black America stood behind OJ Simpson despite overwhelming evidence of his guilt? I dont believe he has that support today. It just took took timre for his obvious guilt to settle in peoples minds . I think it will be the same with zuma . We all know he is guilty, but he is still a “peoples champion” in many peoples minds, just like OJ was!
@Gwebecimele & mayimele,
Thank you.
Text of the agreement reached between the president and the former NDPP
IN THE NORTH GAUTENG HIGH COURT, PRETORIA
Case No: 8550/09
In the matter between:
PIKOLI, VUSIMUZI PATRICK – Applicant
and
THE PRESIDENT – First Respondent
THE SPEAKER OF THE NATIONAL ASSEMBLY – Second Respondent
THE CHAIR OF THE NATIONALCOUNCIL OF PROVINCES – Third Respondent
and
FREEDOM UNDER LAW – Applicant for admission as amicus curae
SETTLEMENT AGREEMENT
WHEREAS
1. On 8 December 2008, the President removed the Applicant, Mr Pikoli, front the office of National Director of Public Prosecutions in terms of section 12{6)(a)(h)(iv) of the National Prosecuting Authority Act 32 of 1998; and whereas
2. the Applicant has challenged the legal validity of that removal, and
3. the Parties referred the dispute over his removal to mediation; and
4. the Parties recognize that a breakdown took place in their relationship.
5 the Parties now wish to restore their relationship to one characterized by mutual trust and respect.
IT IS AGREED THAT
1. the Government recognizes that the Applicant is professionally competent, sufficiently experienced and conscientious and has the requisite integrity to hold a senior public position. It is therefore prepared to offer the Applicant a position in Government and the Applicant will consider such an offer;
2. the Government reaffirms its commitment to the principle of prosecutorial independence in terms of section 179(4) of the Constitution of the Republic of South Africa, 1996 and section 12 of the National Prosecuting Authority Act 32 of 1998 in terms of which the Prosecuting Authority is required to exercise its function, without fear, favour or prejudice;
3. the Applicant will be paid the sum of R 7.5 million in full and final settlement of all trains of whatsoever nature including a claim for pension payments, by any of the Parties against the other arising out of the Applicant’s employment as National Director of Public Prosecutions.
4. the Applicant will withdraw his application in the North Gauteng High Court undercase number 2550/09 on 23/11/09; and
5. . the State has paid and will continue to pay the Applicant’s legal costs including the cost of the application, and the costs of this mediation
SIGNEDAT SANDTON ON 21ST NOVFMBER 2009
FOR AND ON BEHALF OF THE APPLICANT
FOR AND ON BEHALF OF THE FIRST RESPONDENT
Source: http://www.doj.gov.za
Business Day had a column by Karima Brown in their “Opinion” section. Curiously, although the article is still on the site, the main link to it is not there (see http://www.businessday.co.za/articles/Content.aspx?id=87865).
Sorry to cross-post, but here is a letter I sent to the Editor (wonder if they read these pages).
======>>
It is unfortunate that Karima Brown contradicts herself in writing about a possible appoint of a National Director of Public Prosecutions (“Zuma to tread carefully in choice of new head for NPA”, Nov 24). She says that Mr Zuma must “tread carefully”, and that “the candidate must signal the independence of the embattled NPA”, implying that she believes that Mr Zuma may do this.
Of course the elephant in the room is that the settlement with Adv Pikoli includes a full vindication of his suitability for office – and so why should he not be re-appointed? But we all know that this would not happen, and we know why.
Ms Brown then goes on to list considerations relating to the appointment, and mentions possible candidates. “Buy-in” from Minister Radebe, an unstinting Zuma loyalist, is the first clue where we are headed. By contrasting this with how Pikoli “differed” with Brigitte Mabandla, we see that loyalty to political bosses is important in the writer’s eyes.
And then we come to the crux. The need for someone whom Mr Zuma “trusts implicitly” is the key. Of course the President must trust the person whom he appoints, but it is the nation’s trust that should be the test. And while Ms Brown may be “reporting” names that have been mentioned, the unspoken implication is that these might meet the criteria, and that Mr Zuma will make the appointment with integrity foremost, as opposed to personal interest. Ramatlhodi is a politician close to Zuma, Mkhize has acted for Zuma, and Hofmeyer was instrumental in the decision to withdraw charges against Mr Zuma.
Nice try, Ms Brown.
Mayimele.
I find it hard to believe that the initial offer did not include other concessions except rehire. My suspicion is that govt was prepared to make any arrangements other than rehiring as head of NPA. Pikoli always wanted his position back and he is not getting yet unless there is something on his way.
The amount in question was never requested but it is always a sweetner.
So in short he did not get what he wanted, not as yet.
Sorry, the “)” got included in the link:
http://www.businessday.co.za/articles/Content.aspx?id=87865
Gwebecimele says:
November 24, 2009 at 8:19 am
“It was wrong for Mbeki to fire Pikoli….”
You are wrong. Kgalema FIRED Pikoli, Mbeki just SUSPENDED him. I’m suprised that Khosi didn’t pick this up
IT IS AGREED THAT:
Impressive. Obviously Pikoli has stood by his principles, as much as many of us may consider the result a letdown. However, the ‘agreed sections’ were obviously insisted on by Pikoli. Equally obvious is a) Pikoli would have won (even under basic labour arbitration) and b) the Government would never have allowed him to return to the NPA.
“the Applicant will be paid the sum of R 7.5 million in full and final settlement of all TRAINS of whatsoever”
I guess this was typed in a hurry, or did Pikoli claims TRAINS as well….LOL
@ Mzo
In the original document the link to which Prof. has provided, the word is correctly written ‘claims’ not ‘trains’. It is understandably Prof. Pierre’s error and I can safely assume that he is the one who was in a hurry…
Prof
Seeing that the Pikoli matter is now settled, if I may, will you please do a piece on the reported Court application by some Animal Protection Group to stop King Zwelithini and his “subjects” from practising their cultural ritual…
@mzo,
Actually I did, but I just did not feel like saying it.
Another thing, Pikoli was not fired for NOT being ‘competent, sufficiently experienced and conscientious and has the requisite integrity’. National security was given as a reason.
@ Mzo
What!? Gee, where will they draw the line? I am sick and tired of this erosion of our cultures and customs! If people cared so much about animal protection, why are the dodo, blue wildebeest and numerous other animals extinct?
Our cultural rituals have been practised for centuries without any extinction to any animal species. The extinctions and animal cruelty in history are not traced to black African cultural rituals. I am yet to learn of an African animal which became extinct in the hands of black Africans. Even our blue wildebeest became extinct way after 1652. Not even the Khoi and San people, as seasoned hunters, are responsible for any extinction of any animal species!
Sne
I listened to the justification from one of their reps this morning, the impression I got is that this is just nothing but someone wanting to impose what they think is “acceptable in today’s society” (his words) – as if there was anything universal about “today’s society”.
Once again, a black man is expected to “comply” with these standards and accept that his cultural practices are barbaric/inhumane or whatever other word you can use….(apologies for reference to “black” people but the harsh reality is that it’s their customs that are, in my view, under attack – regardless of where the attach is coming from)
Why can’t people mind their damn businesses and not practise these rituals if they don’t like them but allow those that like them to carry on with their practises!!
Mzo
Thanks for the correction.
@ Mzo
Exactly bro! We have given up so much as black Africans in order to have a ‘country’, South Africa. As a rainbow nation the only thing that will take this country forward is not the subjugation of other cultures and classification of same as barbaric etc. but it will be achieved through tolerance. It is amazing how much black South Africans have had to put up with and yet have learnt that ‘South Africa belongs to all who live in it, black and white’ and do tolerate other races and their cultures.
It is snobbish behaviour like this that is taking this country backwards in terms of race relations and is causing mistrust between the different race groups. What we need in this country is a concerted effort towards tolerance of each other’s cultures and not expect all different race groups to abide by certain standards which are suitable to a select few!
What is next; abolition of attendance of mosque at one on Fridays and of fasting; of selling of liquor on Sundays, Christmas Day etc; of graveyards in the kraal or in front thereof; of selling of meat; cutting of wood; fishing? I am disgusted…
@ Mzo
This is what people should be concerned with. This article is particularly relevant in view of the fact that the DNA database is about to be introduced in this country as well. Gee, especially in view of the utterances of the authorities from President Zuma downwards…
http://www.mg.co.za/article/2009-11-24-uk-police-arresting-people-just-for-the-dna
Pierre De Vos says:
November 24, 2009 at 9:44 am
“It is therefore prepared to offer the Applicant a position in Government and the Applicant will consider such an offer”.
NDPP?
@ Maggs
“NDPP?”
LOL! Nice one… I almost fell off the chair.
Maggs, the entire battle was about his dismissal being declared illicit and him being reinstated to his job. The Govt. cannot afford to have a man of principles in a position which is not subject to political control and a position whose independence is guaranteed in the Constitution and the relevant Act of Parliament. The actual losers in this deal are Joe Public and of course Lady Justice. Now we can sleep at night knowing that “some among us” will no be touched by the prosecution authorities regardless of crimes which they may commit…
Therefore, the man will at best be offered another govt. job which will subject him to political control whether directly or indirectly…
Prof
Some of us might not be law scholars but surely with the little brains that we have we can still put 2 and 2 together to get 22. Anyway, for the upteenth times: JACOB ZUMA never went to trial becomes the playing fields were never levelled as was later confirmed.
You will remember at the beginning of the whole thing Jacob Zuma called for his day in court – by the way: he meant it – but then realised later that he was not going to have a fair trial as it later emerged.
The truth Pierre – like we have been telling you – Jacob Zuma’s case was way too contaminated to an extent that he would never have got a fair trial. Hence we have always shouted : Justice delayed is Justice denied. The NPA ’s hands were not “clean” on this case and as a result they had no choice but to drop the charges.
For an legal academic Prof, I find it disturbing that you have this tendecy (though you forever deny it) to conduct a little trial in your little office at UCT , make a finding and then pass a verdict and push that “verdict” down our throats. I mean, surely we need not remind you that you that you once accused the courts of not being “brave enough” in the event an outcome contrary to yours was to be found on this very DA application challenging Mpshe’s decision.
Sne says:
November 24, 2009 at 12:54 pm
“The Govt. cannot afford to have a man of principles in a position which is not subject to political control and a position whose independence is guaranteed in the Constitution and the relevant Act of Parliament”.
Did not JZ and others said that the ANC will rule until “a man of principles in a position which is not subject to political control and a position whose independence is guaranteed” returns???
So these guys are all seat warmers until the big day!
@ Sne
“We have given up so much as black Africans in order to have a ‘country’, South Africa.”
What exactly have you given up? Does this outweigh what you have gained? I agree with you that the ritual killing of an ox should not necessarilyresult in a legal crusade and the world is full of “barabaric” cultural practises from bull fighting to canned lion hunting but that doesn’t make these practises justifiable or “good”. I think people are too quick to use “culture” as a ground to support objectively cruel rituals or conduct. Then again as a meat eater, how can I complain when thousands of animals are slaughtered every day……
spoiler says:
November 24, 2009 at 13:11 pm
“Then again as a meat eater, how can I complain when thousands of animals are slaughtered every day……”
It’s hard to understand what this issue is about after seeing lambs by the hundreds in the abattoir, each suspended upside down by hooks in one leg, wriggling and writhing while bleeding to death, bleating all the while until they can bleat no more.
And then there’s the whole issue of Greenpeace and the Eskimo over the seal and whale hunting.
Spuy, there is a possibility that a court of law would have granted a permanent stay of prosecution on the grounds you mention. My view is that legally it was not for the NPA to decide this but for a court. But I note you are not challenging the main point – often repeated here – namely that our President took money from a crook, then did favours for that crook and then lied about this. You cannot really contradict this because several courts have found this to be so. My point is that there are three issues that many people conflate. The one is the truth of the above (which is impossible to deny). The second is whether our President is guilty of a crime because of the above (something only a court can decide). The third is whether our President would have been able to get a fair trial (also something for a court to decide). You and others prefer not to admit the first of these because it is a bit embarrassing. I continue to mention it, which upset those who do not like to face facts. (By the way, the fact that I mention this often does not relate to any view I might have about the abilities of our President as head of state and government.)
Sne says:
November 24, 2009 at 11:02 am
“…. Even our blue wildebeest became extinct way after 1652. Not even the Khoi and San people, as seasoned hunters, are responsible for any extinction of any animal species!”
The Blue Wildebeest is not extinct it is the Bluebuck.
Gentlemen, Pikoli did get what he wanted irrespective of the fact that he refused to take an initial offer of R10m. If my reading and understanding of the agreement is correct that the state is going to pay his legal fees over and above the R7.5m then the ultimate cost to the state might end up being more than the R10m that they initially offered him.
I can’t help thinking for a president so short into his term, JZ has already established quite a legacy. The good news for those concerned about this traditional slaughter case is that JZ clearly is a staunch supporter of traditional ways. On current track record, African traditions are safe while JZ is in charge.
Pierre De Vos says:
November 24, 2009 at 13:26 pm
“our President took money from a crook, then did favours for that crook and then lied about this”.
If he set up a trust fund and kept arms length from the trust fund then he would not have his reputation the way it is.
He (our President) is guilty of having had a dumb ass financial advisor.
Pikoli is reported as having said that he would have charged Zuma despite all the shady actions of the NPA.
Same guy (Pikoli) did not know that his own wife “received” shares that were paying millions and millions of rands (according to Jaap Cilliers) on the day that Pikoli was appointed NDPP – http://www.timeslive.co.za/news/article197881.ece
Eish!
Pierre: “Zuma cannot afford to go to court because there is a wealth of evidence amassed against him”
Surely the Mpshe charge-dropping was followed by an orgy of evidence burning? Why maintain roomfuls of deprecated files, when office space at the NPA headquarters is in such short supply?
Pierre De Vos says: “I continue to mention it, which upset those who do not like to face facts”.
As that philosophical sage, Woody Allen remarked: ” Confidence was what I had before I learnt the facts”.
A very restrained post by your usual extravagant standards, prof. I had at least expected a more colourful heading like: PIKOLI IS A LIAR!
As far as I remember the govt. has always been prepared to settle this case, so I really don’t see how settling a day before the hearing vindicates Pikoli in any way. Another thing is we cant elevate Pikoli’s opinions on things to facts. Especially since he didn’t have the guts, after having waited for so long, to have his claims come under legal scrutiny of the courts.His opinions on why he was suspended and later fired must now, for better or worse, remain opinion, no matter how much his opinions please his fans.And that is Pikoli’s own doing.
With the withdrawal of the case the “principle” argument falls away.To me its more plausible at this stage that what you see as principle- given how much that argument would suit you- might just be downright stupidity.When I think about how this whole thing was brought about by Pikoli’s refusal to wait for just one week (Mbeki asked for two,Pikoli allowed only one) I don’t see a terribly bright guy in Pikoli.(Keep in mind that the state was later to request a few months postponement once the matter actually got started.)Pikoli claimed in his founding papers that this case was about principles and vindicating the prosecutorial independence of the NPA.We now know from fact of the settlement that this was a lie.
Pikoli’s attorney was quoted in today’s LegalBrief as making the point that there was no guarantee that the application would succeed.To most people this is obvious, except ofcourse to our good prof who thinks that Pikoli has ’saved the state some embarrasment’.Not even his own attorney agrees with that obviously extravagant claim.For me that is the biggest dissapointment,that Pikoli can now happily go around behaving as if he had a watertight case all along.I have never thought so.
If you recall, Pikoli’s case was essentially that everyone who disagreed with him on any point was wrong, on everything!Mbeki and his advisors misunderstood the Constitution as well as the NPA Act, so did Mothlante and his advisers,who according to Pikoli couldn’t even read and understand the very simple English contained in the Ginwala report!Now through his attorney he says there was the fear that the matter would be appealed all the way to the CC.Wasn’t that the point all along?Surprising from a guy who was so sure of his case.
Accordingly I conclude that this whole thing was about Pikoli’s inflated ego,and what a waste of time and resources.
I note from the settlement that there is no concession that Pikoli is fit to hold the office of NDPP.I think that omission is well made.
Maggs,
If Mr Zuma appoints Mr Pikoli as the NDPP, then I will buy you one of every kind of chocolate that I can find in my local Pick ‘n Pay store (and maybe another set for Prof).
@ Mike.
Flippancy aside, it’s an interesting possibility – Zuma’s stature would immediately go through the roof.
Pikoli would find it incredibly difficult to reverse the Mpshe decision let alone charge Zuma as he bragged he would.
And a whole lot of corrupt people would have to find some really big rocks to hide under – those who were on the “wrong side” of this matter that is.
I thing Government would would have paid much much more than R7.5 million to get rid of Pikoli. He settled for the contents of the settlement, not the money. After all, he didn’t get much more than Mushwana.
Vusi Pikoli’s decision to take the hush money is understandable but sadly very regrettable. We are all human beings after all and we all need to eat. Poor Pikoli had to accept the measly seven and half million bucks and then wait for the government to appoint him somewhere else.
What is next?
Mpshe will be handsomely rewarded too for a job well done in dropping the charges against Zuma. That is of course if he has not been rewarded already.
Some or most of the crucial evidence that the NPA collected against Zuma will mysteriously vanish; and in the unlikely event of the DA winning their case against Mpshe, there won’t be any traces of usable evidence. Remember, this is Africa.
Also, the circus that is going on right now – I mean the Selebi trial – will end on some controversial note. Selebi may end up suing somebody and will retire a very rich crooked policeman.
Pondering loudly: How many deserving poor students would have benefitted from all the money spent in protecting and making sure Zuma becomes and stays president? We could have added a couple of engineers and doctors and increased the pool of skilled artisans.
By the way, Spuy; Zuma told a caller on Redi Direko’s show last year that he never said he wanted his day in court. He told the caller to “never to repeat the same mistake again (sic)”
Maggs
I like the link between Zuma-Trustfund-Moseneke. I goes to the heart of the double speak we often hear on this blog.
To all those who were offered protection, it seems as if these promises sometimes fail the test of time, interesting moves on Maroga, Balfour, Shope,Selebi, Landbank, Ithala Bank etc.
Running to Julius does’nt help these days
There is something good in the making.
Gwebecimele says:
November 25, 2009 at 7:59 am
“Running to Julius does’nt help these days”
The thing about Julius is that he does not seem to understand that “the fundamental goal of the ANC remains to construct a non-racial, non-sexist, democratic society in South Africa”.
And he’s become the most vocal in the ANC on that.
In fact he seems to have become the voice of the ANC on many contentious matters from the economy, parastatals, education, local government, judiciary, police, leadership and deployment, governance and the like.
Where has the expertise and voices of experts in the ANC gone to?
When Julius pronounces everyone else (including our President) stands down.
What is with the ANC that allows its own people (like Cronin) who have respect and respectability to be denigrated by unchallenged puerile character assaults?
I sure hope that the mighty ANC (the most powerful political organisation in South Africa, indeed the whole of Africa and the developing world) is not going to be reduced to a one youth show.
It is reported that:
“A Cape Town businessman is challenging a JSC decision, which cleared a judge, in the North Gauteng High Court. Businessman Justin Lewis wants Acting Judge B Griesel, of the Cape Bar, impeached for what he describes as unduly influencing the court, says a report in The Citizen. According to Lewis, Griesel acted in an improper manner by: submitting a false statement, allowing false representations to be made and encouraging the withholding of evidence which misled the court. Lewis presented these and other claims in his complaint against Griesel to the JSC, which cleared the judge, saying the case against him lacked evidence. But Lewis is convinced that the JSC erred and is challenging the decision on the grounds that it is ‘unlawful, unconstitutional, irrational, procedurally unfair and accordingly invalid’. Earlier, he had sought the help of Freedom Under Law (Ful) – which is seeking the setting aside of the JSC decision on Cape Judge President John Hlophe – but was turned down by chairman, retired Constitutional Court Judge Johann Kriegler. Lewis now charges that Ful’s Hlophe application was driven by racism.” (Legalbrief.co.za)
Mzo, I have been trying to get hold of that complaint against Judge Griesel to see what it is all about but so far to no avail. If any readers have a copy please send it on!
this is beatiful
1.zuma appointed his own constitutional court judges
2. his own minister of justice
3.soon his own director of public prosecution.
4.his own jsc
5.his own chief justice
his enemies could not win while the above were clearly against on previous administration,he basically was winning with less amunation what about now with more amunation
@Sivakashi ngiyabonga, you have said it like it is. I agree with your post, Pikoli was just trying to look like a very principled man, when in fact he is not. At the end of the day, the politics of the stomach had the last laugh. What a hypocrite!.
Menzi Simelane is the new head of NPA
Am I the only person horrified by this?
http://www.news24.com/Content/SouthAfrica/Politics/1057/ed63f7052c084a69af842fd308e3245a/25-11-2009-03-10/New_NPA_boss_named
May be Pikoli will be the new DG of Justice and roles will be reversed and we will have Pikoli vs Simelane II.
So the fox has been put in charge of the henhouse.
Spuy, with due respect, I do not think you are correct to say there was no ground for JZ to have received a fair trial. What I am yet to see is the evidence to the allegations that he was not going to receive a fair trial. The basis upon which JZ’s case was dropped defeats logic – that is until the NPA and the JZ legal team reveals everything about their representation and the content of the tapes. Despite that what we have from those snippets does not make sense – legal or common. You also do not provide any convincing argument to justify why you reach the conclusions you have advanced above. How could a case based on the illegal conduct committed more than 5 years ago be nullified by a mere conversation that took place 5 years after such an illegal conduct has been committed? How do you fall from the first step of the ladder (that is standing vertically) straight on to the fifth step? It is not only against the force of gravity as I think you can see but also against common sense and logic.
Prof is right that another court could have possible granted permanent stay of prosecution but certainly not on the grounds of the innuendo you have presented in your post above.
Mike Atkins says:
November 25, 2009 at 13:56 pm
And I don’t get chocolates
The appointment of Menzi as the new boss of NDPP is disgusting but neither unexpected nor shocking. I mean if, people discredited people like Ranjeni Munisamy, Vusi Mona, Moe Shaik have been elevated to high and respected offices that require people of principle and honesty and we have now learned to live with them what should shock us now with this new appointment? Menzi is in the league of the foot soldiers like Frazer and his NIA Team, Lindiwe Sisulu, Mpse, Blade et al who did all the unthinkable immoral and unethical things to ensure JZ never see his day in court for their own benefits and indeed they are now reaping the benefits of their labour. Despite, this is the same man who during the Ginwala Commission it was clearly established that he did a lot of unethical things including lying to the justice Minister and the President; lying about the legal advise he received pertaining to his position regarding the management of the DPP, and his intention is to head the institution. Now we must wait for the day in which JZ is going to announce the taking of yet another high office by Mac Maharaj, Shabir Shaik, Tony Yengeni and Billy Masetlha.
This is quite remarkable. The man whom the Ginwala Commission described as dishonest, arrogant, reckless is appointed to replace the man whom the Ginwala Commission described as being fit for his post.
The man who possibly contravened the NPA Act and the Constitution by attempting to interfere in the functioning of the NPA for political purposes is t be head of the NPA.
Could anyone bring any legal action that states that Simelane is not a “fiot and proper person” for the post?
The sky has indeed fallen in.
Oh, and Maggs, maybe you could visit: http://www.lindt.ch/1610/1612/2053.asp
@ Mike Atkins
Pierre De Vos says:November 24, 2009 at 9:44 am
“2. the Government reaffirms its commitment to the principle of prosecutorial independence in terms of section 179(4) of the Constitution of the Republic of South Africa, 1996 and section 12 of the National Prosecuting Authority Act 32 of 1998 in terms of which the Prosecuting Authority is required to exercise its function, without fear, favour or prejudice;”
President Zuma sure showed Pikoli what he thinks of that clause two!
Well, at least Menzi Simelane now knows he wouldn’t be charged with perjury for his lies before the Ginwala Commission.
My guess is that Mpshe will be appointed as a Judge in the new year. I cannot see that he will be happy to move down to a junior position in the NPA.