Johannesburg — PRESIDENT Kgalema Motlanthe has defended his decision to fire former national director of public prosecutions Vusi Pikoli, saying it was "strictly in accordance with constitutional principles" and not made on instruction from the African National Congress (ANC).

He also said that it was his "constitutional right and duty" to appoint Pikoli's successor and added that "the process of the identification of an appropriate person has commenced".

Motlanthe said this in court papers in answer to an application by Pikoli to set aside his dismissal and to interdict the appointment of his successor until the court case was finalised.

Pikoli was suspended by former president Thabo Mbeki in September 2007. He has maintained that Mbeki suspended him to stop the arrest and prosecution of national police commissioner Jackie Selebi.

Pikoli was dismissed by Motlanthe in December last year after an inquiry was conducted by ANC stalwart Frene Ginwala into whether he was fit to hold office.

Ginwala found that the government had failed to make out its case, and recommended that Pikoli be reinstated. But she also expressed concerns about Pikoli, including "a lack of appreciation for the sensitivities that are attendant on matters that may impact on national security".

In his court application, Pikoli said that he was fit to be the national director of public prosecutions and that Motlanthe had misunderstood Ginwala's report.

He also suggested that Motlanthe was taking instructions from the ANC and had an ulterior motive.

But Motlanthe said he had approached the decision with an "open mind".

"While I am a loyal member of the ANC, I deny that I mechanically carry out the instructions of the ruling party. Frankly, the allegation is insulting and inappropriate," Motlanthe said.

He said a national director of public prosecutions needed to have "insight" into issues of national security and the "inter-relationship" of government arms.

"I formed the view that (Pikoli's) insight in these respects was substantially flawed," Motlanthe said.