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Zuma interdicted in Pikoli case

Discussion in 'Jukwaa la Sheria (The Law Forum)' started by ByaseL, Aug 11, 2009.

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    ByaseL JF-Expert Member

    Aug 11, 2009
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    Mail & Guardian

    Axed NPA boss Vusi Pikoli scored a significant victory on Tuesday when the North Gauteng High Court interdicted President Jacob Zuma from appointing a successor for Pikoli.

    Pikoli, fired by Parliament earlier this year after then president Kgalema Motlanthe recommended his sacking, is fighting his removal from office which, according to him, was ultimately motivated by protecting former police national commissioner Jackie Selebi from prosecution.

    Judge Ben du Plessis on Tuesday prohibited Zuma from appointing a new National Director of Public Prosecutions, which means Zuma will now have to wait for the outcome of Pikoli’s attempts to be reinstated that will be heard by the same court in November.

    Advocate Mokotedi Mpshe, a deputy director of public prosecutions, has been acting as NDPP since Pikoli was originally suspended by former president Thabo Mbeki in September 2007.

    Mpshe, together with the chair of Parliament’s portfolio committee on justice Ngoako Ramatlhodi, are tipped to replace Pikoli.

    Pikoli brought an urgent application against Zuma after he was told last month that Zuma’s appointment of a NDPP was “imminent”.

    Handing down judgement in under a minute, Judge Ben du Plessis said Pikoli had presented a prima facie case.

    Speaking outside court, Pikoli's lawyer Aslam Moosajee said he was "delighted" by the outcome.

    "But we have to be mindful of the fact that this is a step in the process."

    He said while he still had to study the written judgement, ultimately Du Plessis had granted the interim interdict because there was a prima facie case that needed to be argued.

    "The damages would have [also] ultimately not have benefited Mr Pikoli," said Moosajee.

    Pikoli was offered about R10-million in damages after he was fired, however, he decided to forgo the money and challenge his dismissal in court.