PIKOLI PAYS PRICE FOR NOT BEING TEAM PLAYER

C O N F I D E N T I A L SECTION 01 OF 03 PRETORIA 003603 SIPDIS SIPDIS DEPT FOR AF/S, INL/AAE, DRL E.O. 12958: DECL: 10/09/2017 TAGS: PGOV PINR PHUM KJUS SF SUBJECT: PIKOLI PAYS PRICE FOR NOT BEING TEAM PLAYER REF: A. PRETORIA 2817 ¶B. PRETORIA 3378 PRETORIA 00003603 001.2 OF 003 Classified By: Charge d'Affaires Perry Ball. Reasons 1.4(b) and (d). ¶1. (C) SUMMARY. The government announced on 03 October that suspended Director of Public Prosecutions Vusi Pikoli would be investigated by longtime ANC member Frene Ginwala for putting national security at risk by giving criminals immunity in exchange for testimony against others and for failing to appreciate the legal oversight powers of the Justice Minister. At the center of the debate is Pikoli's decision to give murder suspect Glenn Agliotti indemnity in exchange for incriminating evidence against National Police Commissioner and Interpol President Jackie Selebi. Press reports note that Pikoli successfully sought search and arrest warrants for Selebi 10 days before Pikoli's suspension. Though President Mbeki has the authority to dismiss the Director of Public Prosecutions (with Parliament's eventual approval),the case invites strong parallels to the recent firing of the popular Deputy Health Minister (Ref A),who shared Pikoli's independent streak and sense of moral highground. In particular, the government's clumsy public response, the government's portrayal of Pikoli as a man unwilling to be a team player, and the overwhelming public sentiment that Mbeki fired the wrong person have provoked highly critical editorials, raising doubts about Mbeki's judgment, motives, and vision of an open, democratic state. END SUMMARY. -------------- EVERYONE IN THE DARK -------------- ¶2. (C) Democratic Alliance member Sandra Botha, who is also Leader of the Opposition in Parliament, described to PolOff on 27 September the handling of Pikoli's suspension (Ref B) by the Presidency as "amateurish" and "a possible indication the President's office is in a shambles." Botha said she was called to the Union Building on 25 September -- the day after Pikoli's dismissal was made public -- for a briefing on Pikoli's suspension. In attendance were Director General in the Office of the Presidency Frank Chikane, government spokesperson Themba Maseko, and Acting President Ivy Matsepe-Casaburri, all of whom seemed "uncomfortable and in the dark." According to Botha, attendees looked at one another a long time before anyone talked or answered a question. Maseko informed Botha that Pikoli was suspended due to "an irretrievable breakdown in the relationship between the Minister of Justice and Constitutional Development Brigitte Mabandla and Pikoli." Botha said she pressed for more details, but that no one seemed to be briefed beyond the one phrase, which was repeated over and over again to the media all week long. ¶3. (SBU) Attempts by the media to get Mbeki to answer any questions were rebutted, further giving the public the impression that Mbeki is unwilling to tell the truth. On 27 September, the press revealed that 10 days before his suspension, Pikoli successfully sought search and arrest warrants for National Police Commissioner Jackie Selebi, who is also Interpol President, for corruption, racketeering, and defeating the ends of justice. Both Selebi and Minister of Safety and Security Charles Nqakula denied that warrants were issued, until the National Prosecuting Authority (NPA) publicly confirmed on 4 October that they had obtained an arrest warrant for Selebi on 10 September and search warrants on 14 September. ¶4. (C) Advocate Peter Mothle, former Executive Director of the Independent Electoral Commission, told PolOff on 04 October that Mbeki was irritated with Pikoli for not informing him of his intent to arrest Selebi and demanded that Pikoli hand in his resignation, which he refused to do. Mothle admitted that Pikoli does not need Mbeki's approval to acquire warrants, but added "we all know what we should and shouldn't do, regardless of the official rules." (COMMENT: Mothle seemed to be implying that Pikoli should have kept Mbeki in the loop about the case, not necessarily that he should have asked his permission. END COMMENT) In the end, however, Mothle blames Mbeki, not Pikoli, for hiring politicians, rather than non-political bureaucrats to fill top positions. He complained that Pikoli, Selebi, and Mabandla were political exiles who now consider themselves competitors for political power: "Inevitably, people start PRETORIA 00003603 002.2 OF 003 -------------- MBEKI INITIATES "THE PIKOLI ENQUIRY" -------------- ¶5. (C) On 29 September, President Mbeki appointed former speaker of parliament and longtime ANC member Dr. Frene Ginwala to conduct a commission of inquiry into the fitness of Advocate Vusi Pikoli to hold the position of Director of Public Prosecutions. According to an NPA contact, Ginwala will determine the rules of the enquiry, including time frames, venue, and what will or will not be made public. He also detailed her terms of reference: -- Whether the National Director of Public Prosecutions (NDPP),in exercising his discretion to prosecute offenders, had sufficient regard to the nature and extent of the threat posed by organized crime to national security; -- Whether the NDPP, in taking decisions to grant immunity from prosecution to or enter into plea bargaining arrangements with persons who are allegedly involved in illegal activities which constitute organized crime...took due regard to the public interest and national security interests; -- With regard to the irretrievable breakdown of the working relationship between the Minister of Justice and Constitutional Development and the NDPP, the enquiry will look into whether he failed to appreciate the nature and extent of the Constitutional and legal oversight powers of the Minister over the prosecuting Authority. ¶6. (C) Ginwala notified the Minister of Justice and Constitutional Development on 04 October that she had 10 days to submit her version of circumstances leading to Pikoli's suspension. Our NPA contact believes that "from a common sensical point of view, these submissions would have to be served on the NDPP, who could then be given a time period in which to respond (probably 10 days as well)." Should Mbeki decide to permanently remove Pikoli after reviewing Ginwala's findings, he must submit this decision to Parliament within 14 days after his removal. Parliament will then have 30 days after Mbeki's decision has been tabled in Parliament to pass a resolution to either restore Pikoli to office or recommend his removal. -------------- POLITICAL INFIGHTING MUDDLES PICTURE -------------- ¶7. (C) Numerous domestic and international editorials have been published in the meantime questioning Mbeki's decision, with articles contrasting Pikoli's solid reputation and relatively high NPA success rates with Selebi's tarnished reputation in the face of high levels of violent crime and revelations about Selebi's relationship with murder suspect Glenn Agliotti. (NOTE: In addition to being accused of murder, Agliotti is also accused of running an international drug-smuggling syndicate. Agliotti's trial for the murder of mining magnate and political financier Brett Kebble is set to start in January 2008. His drug-related trial will start in March 2008. After it was publicly revealed that Agliotti called Selebi minutes after Kebble's murder, Selebi acknowledged and defended the call, describing Agliotti as a personal friend. END NOTE) Mothle agrees with the press' comparisons, but adds that Selebi's role as President of Interpol complicates matters. "The reputation of South Africa and the ANC in particular would be severely tarnished if Selebi were found guilty of misconduct," he said. -------------- WHITHER SELEBI AND ZUMA? -------------- ¶8. (SBU) Selebi's now famous statement, "I will never be arrested!" made headlines and may represent more than just wishful thinking. On 28 September, Pikoli's temporary replacement, his former Deputy, Advocate Mokotedi Mpshe, applied to have the warrants cancelled. According to the NPA's public statement, the arrest warrant for corruption, racketeering, and defeating the ends of justice was PRETORIA 00003603 003.2 OF 003 cancelled. However, the deputy judge president who issued the three search and seizure warrants for Selebi's home, office, and headquarters of Crime Intelligence has refused to cancel them. NPA Spokesperson Tlali Tlali told the press that they will not be taking action on the warrant pending the outcome of the review process. Press reports also note that Mpshe suggested that Selebi take special leave pending review of the case, but the government spokesperson said on 10 October that they see no reason why Selebi should be placed on leave. ¶9. (C) Mothle told PolOff that he has known Mpshe, since their school days and described him as a man "who never had political ambition and never will." He said that in addition to Selebi's dossier, Mpshe also has the file for the corruption case against ANC Deputy President Jacob Zuma on his desk pending review. Mothle believes that Mpshe "will not change course and will continue pursuing Zuma as Pikoli was doing." Mothle also believes that the NPA is only waiting for the infamous Thint diary, which allegedly includes details of corruption between Thint, Zuma, and Shabir Shaik and is now being held in Mauritius, before refiling charges against Zuma. (NOTE: Zuma's legal team is currently appealing to the Supreme Court of Appeal to overturn the High Court's decision allowing the state to seek the diary. END NOTE) According to Mothle, as soon as they have the diary, "Zuma is toast." Mothle also complained that ANC members increasingly are under the mistaken impression that if Zuma were elected in December, he would be immune to any further prosecutions. Mothle said nothing could be further than the truth since this election is for ANC president, not state president, and that Mbeki will still be in power til 2009. -------------- COMMENT -------------- ¶10. (C) Conspiracy theories of why Mbeki suspended Pikoli are rampant and far-reaching: Mbeki wanted Pikoli to hasten/close case against Zuma; Mbeki wants to protect Selebi because he can give Mbeki votes at the ANC national conference in December; Selebi has dirt on Mbeki; Mbeki wants to protect Minister Mabandla who has been repeatedly ignored by Pikoli; or Mbeki wants to protect South Africa's international reputation at all costs. To date, we have discovered no solid evidence in support of any of them. However, we expect the speculation and media digging to continue until the government provides a factual aacount of its actions and their justification. Ball