Bathandwa MbolaBraamfontein
Public hearings conducted by the Ginwala Committee of Inquiry into suspended National Director of Populace Prosecutions, Vusi Pikoli, kicked off in Johannesburg on Wednesday.
Speaking during the gap of the hearings on Wednesday, former talker of Parliament Frene Ginwala, who is heading the inquiry, emphasised that the procedure was not a judicial one.
"It is not a committee of question governed by the Commission's Act and the President [Thabo Mbeki] have not issued any ordinances with directives about rules.
Dr Ginwala was appointed by President Mbeki to look into Advocate Pikoli after he was suspended, owed to a dislocation in the professional human human relationship between himself and Justice Curate Brigitte Mabandla.
In the interim, Advocate Mokotedi Mpshe was appointed to guarantee that the work of the NPA goes on smoothly.
"The intent of these hearings is for me to derive further information to enable me to properly see the mas placed before me and take a finding on the issues raised in footing of the reference," said Dr Ginwala.
Dr Ginwala said the enquiry was charting new district and had to be guided by the Constitution, and accede to the dogmas of natural justice, incarnate equity and follow owed process.
"I am eager that all the legal proceeding be conducted in public unless there is good ground why any part of the hearings should be held in camera."
Dr Ginwala said that apart from the government's entries and Mister Pikoli's submission, the enquiry had also received entries from the South African Institute for Advanced Constitutional, Public, Person Rights and International Law, Mervyn Bennun, of the University of Cape Town's Law Faculty, and the International Association of Prosecutors.
The enquiry will look into any other substances that may associate to the fitness and properness on the National Director to throw office.
The first is the exercising of discretion by Adv Pikoli in the determination to prosecute offenders, or grant unsusceptibility from prosecution to suspects allegedly involved in organised crime, with peculiar respect to the public involvement and the national security involvements of the Republic.
The 2nd chief issue to be investigated is the dislocation of the relationship between the Curate of Justice and the National Director of Populace Prosecutions, in the linguistic context of the legislative and constitutional duties placed on the curate and the NDPP.
Government's listing of witnessers included Deputy Curate of Justice and Constitutional Development Rebel Delaware Lange, Director General in the National Intelligence Agency (NIA) Manala Manzini, and Director General in The Presidency Frank Chikane.
Acting police force Head Timothy William Carlos Williams and NIA Deputy Director General Chester A. Arthur Fraser will also attest for the state.
Mr Pikoli's lawyers still necessitate to finalise their listing of witnesses.
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"After I have got got submitted my studies to the President, he may, should he wish to take (Mr Pikoli) from office, tabular array a study to Parliament with this recommendation.
"Parliament will then discourse the recommendation from the President and may agree with or reject that recommendation," Dr Ginwala said, adding that if it was rejected, the President would have to reinstate Mister Pikoli.
"If on reception of the study on the inquiry, the President make up one's minds to change by reversal the probationary suspension, he will simply reinstate [Mr Pikoli] as the National Director of Populace Prosecutions."
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