Is it a question of “when the cat is away the mice will play?” Given the complete implosion now happening at the SABC, what with CEO Dali Mpofu and group executive of news and current affairs, Snuki Zikalala, both suspended and the SABC board facing a vote of no confidence in the National Assembly it is unclear who is actually in charge at his masters voice.
I must confess, over the past two years I have not regularly watched what the SABC has quaintly called their news bulletin. One can only watch so many stories of Ministers opening fertiliser plants and Miranda Strydom fawning over our President before one falls asleep.
But this week I switched to the SABC news bulletin after noticing that it was reporting in a rather detailed and sharp manner on the Ginwala Commission of Enquiry into NPA boss Vusi Pikoli’s fitness to hold office. On Friday night it showed snippets from Pikoli’s legal counsel, Wim Trengove’s, cross examination of Director General in the Department of Justice Menzi Simelane.
I was taken aback when the usually supine SABC showed the clip of Trengove grilling Simelane about the fact that the State first denied that a letter written by President Thabo Mbeki to Justice Minister Brigitte Mabandla about the suspension of Vusi Pikoli existed. Later it had to admit that there was such a letter.
Asked Tregove: when the state decided to lie about the existence of this letter, was it the Director General who decided to lie about it or was it the Minister how decided to lie about it. Shoe – bulls eye!
In the past such a clip suggesting that the state was dishonest in the extreme would not have been shown. Is this a matter of the SABC journalists finally getting the guts to do their job because of the absence of Kommisar Zikalala? Or is this negative reporting on the state’s case against Pikoli perhaps part of an attempt to curry favour with the anti-Mbeki camp in the ANC?
Whatever the reason, the reports coming out of Auckland Park about this Enquiry have been riveting. How long can it last?
The reporting also shows how power has slipped away from President Thabo Mbeki since his defeat at Polokwane. When he was at the hight of his influence, no reporter at the SABC would have dared to present such a report that so clearly shows that the Minister and/or the President had lied about the Jackie Selebi matter. The State’s case would have been put in the most positive light and all the viewers would have thought there was all the legal and constitutional reason in the world to suspend Pikoli.
Now Mbeki is yesterday’s man and even lowly reporters put together stories that can only but embarrass him. How the mighty has fallen. I almost feel sorry for our pipe smoking, gallivanting President. There, I said it.
I agree. I also noticed a profound change in the way things are presented. Scary actually.
( But I gather Snuki is on his way out after “Polokwane”.)
Can it be that for a few weeks we will have news as it should be presented in a constitutional democracy – and not as in a sham one?
The Zuma era looks beter every day.
I also agree – the whole lot of witnesses thus far were nothing but Clowns. From (the Hon Deputy Minister)Johnny de Lange’s feeble response to Wim’s gem on statutory interpretation: “Well, Sir, you’ve got a right to your own opinion, but you’re wrong.”; to (the Hon Rev) Frank Chikane’s pussyooting around his change of heart on his initial inertia to not being informed or satsified with the plea bargaining process after his feet have been washed by Adriaan Vlok and after he even publicly stated that he was now satisfed that justice had been done; to Simelane being caught out at lying (or covering up te lies by the Hon Minister). Hoo Boy!? This is becoming better than the Mack and Moe show with plenty Shabir Shake that gives a lot of Zuma. I hope the show isn’t censored or banned before the end, with Thabo Mbeki claming that national security is at stake. By the way, the absence of Khosi to the latest posts on ths blog became quite noticeable since the ‘master plan’ of Thabo Mbeki would reportedly have started to unfold on 5 May – when Frank Chikane ‘unveiled’ the Kampepe Report, only to reveal that our ‘speculations on the contents of that report’ have aways been correct; and, that no matter threatening national security was contained in it. Khosi, are you enjoying the show presented by Ms Ginwala? Are you involved as a witness or spectator?
Faceless RAT,
I am watching the Ginwala commision and for now I am ENJOYING it. I have said previously in this blog that Pikoli was suspended, by TM, not for the INTENT to arrest Selebi but MANNER he chose to go about it. That and what the commission has heard, justifies the questioning of his fitness for that office.
We all have seen the letter, and it at no point instructs anyone to stop an investigation on anyone.
In fact, thanks to his greatness, the President writes:-
“In view of the constitutional responsibilities of the President with regard to the Office of the National Commissioner of the police service, I deem it appropriate that you obtain the necessary information from the National Director of Public Prosecutions regarding the intended arrest and prosecution of the National Commissioner. This would enable me to take such informed decisions as may be necessary with regard to the National Commissioner.”
I will continue watching the commission looking for anything that says TM instructed that someone should not be investigated.
The master plan remains on track and all the lies that you people tell about our President will come to light. and please do not tell me that he might have told anyone one thing and wrote it differently on the letter. Please save me from that speculation.
Khosi
I have not made any judgment for myself regarding the whole thing. So it does not seem that he was trying to stop Selebi’s arrest if only going by the excerpt quoted. So why did they need to lie about it?
I also have some questions regarding the letter for Pierre:
“In view of the constitutional responsibilities of the President with regard to the Office of the National Commissioner of the police service…”
Pierre, could you shed some light on that statement? What constitutional responsibilities is he referring to.
“This would enable me to take such informed decisions”
What decisions are reasonably within his duties to make regarding the issue? That is the part I don’t understand.
Khosi, I was just becoming worried about your lack of response. Yes, I noted that piece in TM’s letter, but why keep the letter secet at first? Furthermore, Mbandla’s letter to Pikoli in response to this letter of instruction by TM was a bland – “Either you show me now what you already have against Selebi, or I order you to stop your investigation agaisnt him.” Everyone knows that an early (premature) disclosure of what evidence you already have against someone when investigaing him, often (or even invariably) leads to obstruction of justice – the suspect is given a chance to get rid of (or subvert) the evdence against him and cover his tracks, which leads to impunity. When Pikoli warned the Hon Minister that she was interfering with the investigation and, therefore, probably the course justice, she blew her top, so much so that TM immediately suspended Pikoli, ‘because there was a breakdown of trust in the relationship between him and the Minister’. One does not ave to be much of a speculant to read that, the only reason why Pikoli was fired, was because he was investigating Selebi and he did not want to put his cards on the table until the case was ready to take to court. Once again, the Minister (or the President) has no right to prescribe to the NPA how to do its investigation and when to disclose or not to disclose evidence before taking it to court, just becase they are the ‘big bosses in charge’ (taken from Chikane’s evidence). If they are allowed to thwart investigations in this way, how can they (or, for that matter, any other top ANC bro/sis, unless you are of course JZ and you and the big boss do nt always see eye to eye) be investigated and brought to book if they had committed (or are suspected to have committed) crimes? “The King (and his faithful servants) can do no wrong”, eh?
Z
Section 207(1) states that the President as head of the national executive must appoint the Commissioner of Police. The SA Police Services Act provides for how this should be done. Section 8 of the South African Police Services Act states that if the National Commissioner has lost the confidence of the Cabinet, the President may establish a board of inquiry consisting of a judge of the Supreme Court as chairperson, and two other suitable persons, to enquire into the circumstances that led to the loss of confidence, to then compile a report and make recommendations about the position of the Commissioner. If the panel recommends the removal of the Commissioner, the President can then remove him or her from office. The same kind of process if provided for the head of the NPA with one BIG difference: the NPA boss CANNOT be fired merely because the cabinet or the President had lost faith in his abilities to do what he should but only if they can show that he is not a fit and proper person (thus if he is shown to be dishonest or lacking in integrity) or if he is guilty of misconduct by breaking the law or the prosecuting guidelines.
The problem in this case is that the President and the Minister is going to have a very difficult job of showing this in the Pikoli matter. Secondly the President has lied about what he knew about the Selebi case and when he knew it, so his credibility is not very high on this issue. He clearly did not instruct in his letter that the prosecution of Selebi should be stopped (good lawyers must have advised him otherwise) but Pikoli claims that the President’s legal council had met with acting head of the NPA to ensure that the warrant for Selebi’s arrest was canceled. On Pikoli’s version the President acted at arms length but nevertheless got others to do what the NPA Act prohibits them from doing, namely to interfere in individual decisions about prosecution of suspects. If true it would be illegal and unconstitutional.
z,
I must say since you have been contributing to this blog, you tackle issues in a manner that challenges a point of view instead of the bearer of the particular view. It quite refreshing to read.
Why the lie? From the point of view of TM (not) instructing anyone to stop investigating someone, which is what I have always disputed due to lack of substance pointing to that allegation – I do not know. I can only speculate and I hate speculating. What I know is that neither Pikoli nor the letter sent to the minister lends credence to that allegation.
Well, to contribute my two cents to the question you posed to Pierre. Look at how the arrest of Selebi was handled, by the NPA, after Mpshe took over and compare that to what Pikoli is said to have intended to do. Although the was historical controvesy around the arrest, the was a good measure of ORDER about it. Turns out, there was no need for an arrest warrant (if one was issued, I missed it).
Pierre
I see that you (and the rat) are already watering down your earlier accusations on the way that the President acted in the suspension on Pikoli and the subsequent court appearance of Selebi. Because the Presidents letter to the minister casts doubt to the assertion that the President acted to save Selebi, you are now accusing the President of sending his people to do what you accused the president of doing.
And suddenly the President was now thwarting investigation and not stopping it.
That quite sinister and bizarre. When will all the lies and speculation stop?