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Vusi Pikoli accuses Selebi, Nqakula, and Mabandla of obstructing TRC investigations

Siyabonga Sithole|Published

Former NPA head Vusi Pikoli returned to the TRC Cases Inquiry, where he accused the late former police commissioner, Jackie Selebi, of alleged interference.

Image: Itumeleng English / Independent Newspapers

Former National Director of Public Prosecutions (NDPP) Advocate Vusi Pikoli has pointed the finger at key political figures for the stagnation of investigations related to the Truth and Reconciliation Commission (TRC).

Speaking in front of representatives from various parties, including the South African Police Service (SAPS) and families of the  Cradock Four, Pikoli emphasised the role of former police commissioner Jackie Selebi and former ministers Charles Nqakula and Brigitte Mabandla in what he termed pervasive 'political interference and obstruction'.

On Thursday, Pikoli faced cross-examination by counsel representing various parties, where his testimony reiterated earlier claims regarding the stagnation of investigations into the murders of prominent anti-apartheid activists.

Pikoli alleged that Selebi was the chief instigator in the obstruction of justice in relation to TRC cases, adding that his behavior and that of others amounted to "unethical and unconstitutional conduct". He accused Selebi of having withheld help in the form of resources to help Advocate Anton Ackerman.

Ackerman, dubbed the "Apartheid era prosecutor", was the head of the Priority Crimes Litigation Unit (PCLU) in the NPA. He faced resistance while doing his job, with Pikoli saying his refusal to remove Ackerman as a prosecutor was because he was appointed through a presidential proclamation.

"The issue was that as long as Ackerman was the one involved in the work of the PCLU, we were not going to get investigators. This was coming from the National Police Commissioner, the late Jackie Selebi... The police were an obstruction, and the DG sided with the national commissioner of police, and the Department of Justice agreed with the interpretation," he stated.

Pikoli also alluded to interference or obstruction by Mabandla, saying former Justice Minister Mabandla strongly believed prosecutions flowing from TRC referrals could expose some ANC members to criminal charges.

In his previous appearance before the TRC Cases Commission, Pikoli also acknowledged that investigations into the murders of Matthew Goniwe, Fort Calata, Sicelo Mhlauli, and Sparrow Mkonto remained largely inactive for years.

Counsel for SAPS Adv Motlalepula Rantho cross-examined Pikoli over alleged interference by the SAPS. Pikoli, who was NDPP head between 2005 and 2008, stated that "obstruction" from various quarters was widespread.

"When we were facing interference from time to time. National Commissioner Selebi would be talking about NPA prosecuting ANC leaders, and about Chikane not being consulted when there was ample evidence that he had been consulted," he stated.

Pikoli described the alleged interference as part of bureaucracy, stating: "That was bureaucracy, and minister of Safety Charles Nqakula kept on referring to Anton Ackerman. You could see what was happening at the level of bureaucrats and political thinking. These were proving to be obstacles in front of the NPA."

Pikoli's allegations were also shared by former high-ranking National Prosecuting Authority (NPA) official Dr Silas Ramaite, who recently testified that former justice minister Mabandla had instructed him to halt all investigations stemming from the Truth and Reconciliation Commission (TRC).

The TRC Cases Commission, chaired by retired Constitutional Judge, Justice Sisi Khampepe, continues on Friday.

siyabonga.sithole@inl.co.za