Wednesday, February 18, 2009

Totally insane reasoning

The report in the paper is pretty lucid and balanced - then - read the comments from our would be voters - Zim, here we come!!

Axed prosecuting head Vusi Pikoli has accused President Kgalema Motlanthe of firing him to protect Jacob Zuma.

In papers filed before the Pretoria High Court this morning as part of his urgent legal bid to stop Motlanthe from appointing his successor, Pikoli said he suspected that the President had "acted with an ulterior purpose when he dismissed me".

While stating that he did not "have any direct evidence of his ulterior purpose and I cannot say with confidence exactly what it was", Pikoli said circumstantial evidence around his dismissal "gives rise to an overwhelming inference that President Motlanthe did not act in good faith".
Pointing out that the Ginwala Inquiry into his fitness to hold office had found that he was a fit and proper person for his position, Pikoli said the President had "fundamentally misconstrued" the Inquiry's final report on his competency.

Motlanthe used concerns raised by Ginwala Inquiry head Dr Frene Ginwala over Pikoli's reluctance to give then President Thabo Mbeki two weeks to prepare for the Scorpions' pending arrest of police boss Jackie Selebi as a basis for his dismissal - despite this never being raised as a complaint against Pikoli by government.

According to Pikoli:

"(N)ot only was (Dr Frene Ginwala's) criticism unfounded, the President moreover fundamentally misconstrued it and then used it as a springboard from which he made unwarranted inferential leaps to come to his conclusion that I was not fit for office.

"I submit that this contorted reasoning to conclude that I should be removed from office in the face of Dr Ginwala's recommendation the other way, smacks of bad faith and an ulterior purpose."

The "circumstantial evidence" on which Pikoli said he based his suspicions of an ulterior purpose was the following:

  • "President Motlanthe acts under the instructions of the leadership of his party the ANC.

  • "The President of the ANC is Mr Jacob Zuma. There are pending criminal proceedings against him on serious charges which include corruption, fraud and racketeering. I took the initial decision to prosecute him.

  • "Mr Zuma is his party's candidate for president after the general election due to take place in two or three months.

  • "Mr Zuma and his party regard the pending proceedings against him as an impediment in the way of his presidential aspirations which they want to clear out of the way if possible at all. They have for instance said that they will make representations to the NPA to persuade the NDPP to withdraw the charges against Mr Zuma.

  • "The overwhelming inference is that President Motlanthe and the leadership of his party under whose direction he acts, would prefer to deal with an National Director of Public Prosecutions of their own choosing. I assume they hope he or she would be more malleable than I am."

    Pikoli has also reiterated his belief that his initial suspension by Mbeki was driven by his refusal to halt the Scorpions investigation and pending prosecution of Selebi.

    Explaining his motivation for challenging his dismissal in court, he explained that he wished "to vindicate the Constitution".

    "I am not a man of means and my family and I are entirely dependent on my salary.

    "That is however not why I bring this application. I would have brought it even if Government paid me my salary for the remainder of my term of office.

    "I passionately believe in (the principles of the Constitution, the rule of law and particularly the principle of prosecutorial independence) and have sworn an oath of office to uphold them.

    "If I do not make a stand, these values would be severely damaged," he said.

    Pikoli's legal team have asked that the Presidency undertake not to appoint a new prosecutions head until his court application was finalised.

    But, speaking to The Star this morning, Presidency spokesman Thabo Masebe said Motlanthe's office had refused to do so.

    " The post (of NDPP) is vacant and there is no interdict or law that stops the President from filling it.

    "We respect Mr Pikoli's right to challenge his dismissal in court but until such time that there is an order of the court interdicting us... we will continue (in the appointment process)."

  • Showing page 1 of 3 comment pages, 22 total comments
    5 Minutes ago Anonymous wrote :
    If "MAVUSANA" Pikoli believes he is fit to "Hold Office", then let him go and open his Own Office, hold it and practice his legal skills. He is clearly hunting for ANC and it's leadership. My advice is he should just hunt them from outsite our ANC House (Parliament which we will run until Jesus Come) . Just go and join your wife and friends at COPE. We have said, if you want to destroy our movement and it's leaders, just don't use our resources to destroy us please. Tinyiko Baloyi
    35 Minutes ago Bab'phiri wrote :
    Blalh blah blah .This guy(PIKOLI) is a sole looser.First ,he was claiming to have been fired because Mbeki wanted to protect Selebi, now that Mbeki is gone he has done a 180 degrees and now claiming the ZUMA thing.Please get a life.Mbeki was recalled and what wrong with you being fired.The NPA are still continuing with Zuma's case besides you being gone!!!!
    44 Minutes ago Simon wrote :
    I feel sorry for Pikoli and the SABC board.Unfortunately power corrupt. I believe everyone is corrupt in his own right. Look at the media publishing false information about commorade Mothlanthe. He thought he was above commorade Thabo Mbeki. Sorry Pikoli
    1 Hour ago cad wrote :
    yeah i agree you got to close for their comfort.The anc has gone to far and they cannot be seen as a liberation movement but because of their greed they mor like catastrophe movement.If they are still in power we certainly heading for worse mayhem that ZIm.It is true that the elctorate in S.A is stupid because in any country other than africa the government will bend backwards to appease its people but its blatanly clear the politicians in this country do no fear the masses because of their ignorance .
    1 Hour ago melelape wrote :
    Why do writers supporting the ANC (ALL of them) have this desire to cover for the corrupt and crooked, and a loathing of anyone who does what they're paid to. (Pikoli and Scorpions). Your blind loyalty is making you just that: BLIND!!!!!
    1 Hour ago Malome wrote :
    The President must now appoint a permanent replacement for Pikoli as Mpshe has now beenn acting for rather too long now
    1 Hour ago JZ 100% wrote :
    Pikoli sound desperate to get his job back. I'm really sick and tired of people like Pikoli . He compares nciely to Dali Mpofu. Why cant he find something on private sector ? Why is so desperate to get his job back? There are many opportunities for him in the market. He must chase them.
    1 Hour ago SAD - - - FTS!!! wrote :
    I am a proud ANC supporter. It is not entirely clear to me as why President Montlantle was actually playing at pertaining the issue of permanently relieving Adv Pikoli of his duties even though the indepedant inquiry led by Dr Ginwali found that Adv Pikoli was fit for office. I fully support Adv Pikoli's application but on the same token I question his motives with regards to perpetual and inconsistence inferences to both President Montlantle and former president Mbeki's motives on decisions made from the time he was suspended until he was eventually relieved of his duties. The tone of Adv Pikoli on this article when he says: "The overwhelming inference is that President Motlanthe and the leadership of his party under whose direction he acts, would prefer to deal with an National Director of Public Prosecutions of their own choosing. I assume they hope he or she would be more malleable than I am.", raises suspiciouns on whether his agenda is not of personal nature with Mr Zuma or maybe with the ANC in general. Adv Pikoli's arrogance is really appalling nevertherless his application, again, I see it as fitting.
    1 Hour ago Anonymous wrote :
    Motlanthe just processed the paper work on behalf of Mbeki. A message of advise to Mr Pikoli, please go prove yourself in the private sector. We are now sick and tired of these so called academics who think that they are guaranteed life time employment in the government. If you cannot COPE, join your wife at COPE.
    1 Hour ago Anonymous wrote :
    It seems that our so called Democratic Government, like many others, are fast and ferociously moving to absolute DESPOTISM. God have Mercy on us!

    0 Opinion(s):