During September 2007, Dr Frene Ginwala was appointed by the former President of the Republic of South Africa, Mr Thabo Mbeki, to conduct an enquiry into the fitness or otherwise of the former National Director of Public Prosecutions (NDPP), Adv V. Pikoli, to hold office (Enquiry). Adv Pikoli was suspended by the former President in terms of section 12(6)(a) of the National Prosecuting Authority Act 32 of 1998, which empowers the President to suspend the NDPP from office pending an enquiry into the fitness or otherwise of the NDPP to hold such office.

Dr Ginwala held formal hearings where the parties were given an opportunity to present their cases and to address the issues raised in the Enquiry’s terms of reference. The hearings commenced on 7 May 2008 in Johannesburg and have been concluded. Both Adv Pikoli’s submission to the Enquiry and the Enquiry Report were made available to the public during 2008. However, the State’s submission to the enquiry has yet to be released to the public.

The contents of the State’s submission, is of significant public interest given the fundamental importance of the positions that the President, the Minister of Justice and the NDPP hold in society. The release of the submission will enable the public to determine for themselves the reasoning behind the conclusions arrived at by the Enquiry.  It was our view that the public has an overriding right to know about matters of such fundamental significance. Moreover, the State is obliged to respect, protect and promote the rights contained in the Bill of Rights.  

FXI awaits a response to its request for access to the submission.

26 January 2010

Melissa Moore

Acting Executive Director

Freedom of Expression Institute

Mobile: 082 924 8268

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