Prosecutions boss Vusi Pikoli lacked judgment in his work, the
State said in Johannesburg at Friday's closing arguments into his
fitness to hold office.
"He lacks judgement in the kind of things he does," charged State
advocate Kgomotso Moroka, seated opposite Pikoli, who showed no
reaction.
Addressing the Ginwala inquiry, she said that individually, the
State's grievances against him did not warrant dismissal, but
collectively, his activities amounted to impeachable conduct.
Pikoli was suspended last September for a range of reasons,
including the government's belief that he didn't inform Justice
Minister Brigitte Mabandla of his intention to execute search warrants
at the premises of National Police Commissioner Jackie Selebi, and that
he failed to take national security into account when striking plea
bargains.
Pikoli had argued that the only reason he was axed was to stop the
corruption and defeating the ends of justice charges that the suspended
Selebi now faced.
Moroka submitted: "A number of incidents since 2005 [occurred
during] which, in the view of government, Mr Pikoli started conducting
himself in a manner that was not fit for the National Director of
Public Prosecutions."
She said that certain events showed inconsistent behaviour.
Failed to inform minister about raids
He had informed Mabandla about search warrants, but not about raids,
and had allowed searches of ANC president Jacob Zuma's office in August
2005 to be undertaken by unvetted officials.
On the complaint that Mabandla had not been kept informed of the
dates that warrants would be executed, assessor Ismail Semenya asked
why she had not simply asked Pikoli for them.
Moroka said that went to the nature of the relationship between the
two.
Failure to keep her informed showed disrespect, impacted on the
respect her colleagues would have for her and would impact on how she
reported to President Thabo Mbeki.
If the prosecution wasn't accountable to her she would not be able
to exercise her final responsibilities for the justice department, like
the formulation of policy.
She said he also showed "utmost disrespect" to Mbeki by not agreeing
with his request for two weeks to create an "enabling" national
security environment to execute the search warrant against Selebi.
She said the State agreed that the law gave the National Prosecuting
Authority (NPA) independence, but that the justice minister had final
responsibility over them.
'Not just a reporting conduit'
"She is not just a reporting conduit. She has much more power than
the NPA would have understand her powers to be," argued Moroka.
The inquiry has heard allegations that Pikoli allowed his officials
to interact with foreign agents. He also allegedly did not tell the NIA
about a report he was given on claims of a plot to bring Zuma to power,
and then not helping an investigation into its source.
He was also accused of not co-operating with justice department
director general Menzi Simelane on performance reviews.
Pikoli had argued that the NPA was an independent body.
The validity of the warrants that enabled the searches at Zuma's
offices were confirmed in a Constitutional Court ruling on Thursday.
Zuma would however approach the Pietermaritzburg High Court on Monday
to have the case against him reviewed.
The findings of the inquiry would be given to Mbeki who would take
them to Parliament for discussion.