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South Africa: Selebi in Court Scramble to Pull Scorpions' Sting
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Business Day (Johannesburg)
11 January 2008
Posted to the web 11 January 2008
Ernest Mabuza and Chantelle Benjamin
Johannesburg
THE tit-for-tat sparring between the Scorpions and police chief Jackie Selebi took a dramatic twist yesterday, with Selebi approaching the Pretoria High Court to prevent the National Prosecuting Authority (NPA) from serving a warrant of arrest on him.
Last night, former NPA chief Bulelani Ngcuka was also drawn into the widening controversy, with Selebi alleging in his court papers that Ngcuka was running the Scorpions behind the scenes.
This latest allegation could have implications for the looming corruption trial of African National Congress (ANC) president Jacob Zuma, who has long claimed that the NPA's bid to prosecute him was politically motivated, with Ngcuka playing a major role.
Selebi's pre-emptive move follows Tuesday night's dramatic arrest of the Gauteng Scorpions chief, Adv Gerrie Nel, who has been heading the unit's probe of Selebi and his alleged links to organised crime. Nel alleged yesterday that there were "ulterior motives" behind his arrest, on charges of corruption.
The deterioration in relations between the South African Police Service (SAPS) and the NPA threatens to hamper SA's crime-fighting efforts and lead to paralysis at the upper levels of law-enforcement agencies.
In a sign of the growing animosity between the two units, Selebi's spokeswoman, Sally de Beer, said yesterday the commissioner believed the NPA's investigation into his affairs was being handled in a "malicious fashion". Because of this he wanted the NPA to furnish him with information on the charges against him.
Selebi's move came amid delays by the NPA in announcing its decision on whether it planned to arrest the police chief.
Selebi's request is unusual and could set a precedent for future cases if he succeeds. In normal proceedings, an accused is informed about charges only when formally charged. He or she may then request further information from the state in order to prepare a defence.
When granting bail, the courts decide the terms on which the accused is released, which can include an order not to interfere with the investigation or contact witnesses. Unless the court makes such an order in Selebi's urgent application, he would not be subject to such controls.
This is of concern because of information Selebi has access to as head of the SAPS and Interpol.
"He is pursuing a civil case in his personal capacity to force them to give him information on their case against him so that he can prepare his defence," De Beer said.
NPA spokesman Tlali Tlali was not willing to comment yesterday on Selebi's application, except to say the NPA would "vigorously" oppose it.
President Thabo Mbeki suspended director of public prosecutions Vusi Pikoli in September, a few weeks after Pikoli had obtained a warrant of arrest for Selebi from the chief magistrate in Randburg.
Pikoli had also obtained a search warrant from the deputy judge president of the Johannesburg High Court, Phineas Mojapelo.
When the acting director of public prosecutions, Mokotedi Mpshe, took over from Pikoli, he conducted a review of the Selebi case.
As part of the review, Mpshe applied for the setting aside of the warrants.
He succeeded with the arrest warrant.
On December 16, Mpshe said he had made a decision in the Scorpions' investigation of Selebi, and once Justice Minister Brigitte Mabandla was properly familiar with the contents of the report, the decision would be made known.
Selebi asked the court to order the NPA to stop instituting criminal proceedings against him pending the finalisation of a main application to be heard next month.
In that application, consisting of nine demands, Selebi asks for an order that the NPA provide him with full details of allegations against him.
Selebi wants an order compelling the NPA to give him an opportunity to answer the specific allegations.
He also wants the authorities to provide him with a copy of the report compiled by a panel of experts appointed by Mpshe to review the case against him.
Selebi also demanded the NPA and the Scorpions provide him with all affidavits and other information placed before the Randburg magistrate in the application for the issue of an arrest warrant, and the subsequent application for setting aside of the warrant.
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With Sapa
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