Selective action speaks louder than words
One of the many complaints levelled at Thabo Mbeki during his tenure as President of South Africa is that he does not take decisive action against underperforming cabinet ministers and public servants. Despite numerous calls from opposition parties an
The problem is not that Mbeki is unable to take action; but rather that his actions are directed at the wrong individuals. His recent strong-arm tactics confound belief.
When things got tough in the Department of Health, he dismissed Deputy Health Minister Nozizwe Madlala-Routledge for not being a team player rather than tackling the real problem. And now it appears National Prosecuting Authority (NPA) head Vusi Pikoli's days are numbered too.
Toe the line or get lost
Mbeki suspended the national director of the NPA on Monday, 24 September 2007 with immediate effect. The reason for the suspension was not immediately forthcoming, prompting the media and various political analysts to fill in the blanks in whatever way they saw fit. Mbeki has since commented and provided vague substantiation for the move. What prompted the action?
A couple of SABC journalists caught up with the president at the United Nations General Assembly in New York. Asked to comment on Pikoli's suspension, Mbeki provided a rambling answer in which he mentions concerns about the ongoing conflict and "irretrievable breakdown in the working relationship" between the NPA director and Justice Minister, Bridgette Mabandla. Unfortunately the President's sketchy answers leave the matter open to further speculation.
A SAPA news report summarised Mbeki's response as follows: "Mbeki said that with the levels of crime in the country, the office of public prosecutions could not afford to be embroiled in conflict and stalemate situations."
We thought stalemate was a chess term
What is Mbeki referring to when he talks about stalemate situations? In chess, the term refers to a position where the active player is unable to make a legal move, and the game ends with a clear victor.
We believe the players in this political chess game are the NPA and the various senior officials being investigated by them. Mbeki might be referring to general NPA investigations, or to specific cases such as the one involving ANC Deputy President, Jacob Zuma? Of greater concern is a rumour doing the rounds at the time of Pikoli's suspension.
If it is true that the NPA has been investigating Selebi for more than three months and that a warrant was issued for his arrest a few days ago we might have stumbled on the real reason behind the Pikoli suspension. Independent Democrat president Patricia de Lille believes "The speculation about why NPA national director Vusi Pikoli was suspended could be reaching an end now that we have heard that a warrant of arrest has been issued for police commissioner Jackie Selebi."
The public will have to wait for the official enquiry to run its course before all the details for the suspension are known. The reason is the ANC caucus stood firmly behind Mbeki on Wednesday when they rejected calls for an urgent inquiry into the Pikoli suspension. Spokesperson Moloto Mothapo said "The call by the two parties disregards the letter and spirit of the National Prosecuting Act, which guides both the president and Parliament in this matter."
Time for fast track prosecutions
The problem with the modern day legal systems is that given enough money an accused can delay court appearances indefinitely. A top legal team will challenge circumstantial evidence and thwart any attempt by prosecuting authorities to build a case. Case in point is the ongoing legal battle between state prosecution and lawyers acting for arms manufacturer Thint and ex Deputy President Jacob Zuma. More than ten years after concerns over South Africas arms deal surfaced there has not been a significant high-profile conviction.
The battle between the NPA and the Justice Ministry has serious implications for the prosecution of high ranking politicians. Some officials have been trying for ages to curtail the NPA's powers. There have even been calls for the country's crack investigating team, the Scorpions, to fall under police control. We believe South Africa needs alternatives to the South African Police Service to lead sensitive investigations into high profile individuals.
ACDP spokesperson Libby Norton summarises the situation nicely: "We could understand it if the suspension related to incompetence or incapacity. However merely to allege a breakdown of relationship is very drastic and draws into question the degree to which the NDPP can act impartially and without fear or favour."
Editor's thoughts:
A number of worrying developments scar South Africa's political landscape at present. First, the Deputy Minister of Health was fired for failing to work as part of the collective. Then ANC MPs were allegedly instructed to rubber stamp the movement's preferred SABC board member appointments. And now we learn that the President has unilaterally suspended the director of the National Prosecuting Authority. Are these shenanigans part of the ANC succession battle or is something more sinister at play? Send your comments to [email protected]
