Scorpions believe they have a case against Selebi

'We have a case; a magistrate looked at the evidence, agreed and issued a warrant,' sources assisting in the Scorpions investigation into the country's top police official are quoted as saying in a report in The Weekender. It is believed that despite the matter being under review, investigators are tying up loose ends in case the go-ahead is given for Selebi to be arrested. Although it looks increasingly unlikely that Selebi will appear in court, the National Prosecuting Authority (NPA) admitted that the Scorpions had obtained a warrant of arrest for Selebi, as well as a warrant to search his home and office. The NPA said that the Scorpions had obtained a warrant of arrest for Selebi early last month from Randburg magistrate Cheryl Loots. A search warrant was obtained a few days later from the Deputy Judge-President of the Witwatersrand Local Division of the High Court in Johannesburg. 'The decision to obtain these warrants was carefully considered and supported by the senior management of the NPA, including the (suspended) National Director of Public Prosecutions Vusi Pikoli,' the NPA said. Full report in The Weekender

However, acting NDPP head Mokotedi Mpshe has taken steps to cancel the warrants. According to a report on the News24 site, the NPA says that on his appointment as acting NDPP, Mpshe decided to 'conduct a review of the matter'. He briefed both the Justice Department Director-General and officials from the Presidency about his initial assessment. On September 28, Mpshe 'decided that it would be prudent to make an application for the cancellation of the arrest and search warrants, pending the outcome of his reconsideration of the decision', the NPA said. He approached the Randburg Magistrates' Court and the magistrate agreed to the cancellation of the arrest warrant. He also approached the Deputy Judge President who indicated he was not prepared to retract the search warrant. Full report on News24 site

The names of four independent legal experts who are to be asked to scrutinise the case against Selebi to help Mpshe decide on whether the Police Commissioner should be tried will be announced today. According to a report in the Sunday Tribune, Mpshe says the experts will have 14 days to apply their minds to whether there are sufficient grounds to charge Selebi. 'I want people from the outside to say, 'We've gone through the papers and this is what we can recommend'. As you well know, at the end of the day the decision lies with me. But I want them to give me a second opinion,' Mpshe said. 'I am looking at giving them not more than two weeks ...because this thing is burning and I want it (done) as soon as I can.' Mpshe also told the paper he was summoned to Mbeki's house at 9pm the day before the announcement that Pikoli was suspended. He was asked to act as head of the NPA and to review the Selebi docket. Mpshe said he had not spoken to the President since. Once he decided whether or not to prosecute Selebi, Mpshe said, he would inform Mbeki who could then decide on other action, if any, against his police chief. Full Sunday Tribune report

Pikoli's suspension marked the beginning of a scramble to protect Selebi, according to the Mail & Guardian, which claims to have information contradicting the Presidency's denial that Mbeki acted to shield the National Police Commissioner by suspending Pikoli. The report says that fresh information shows that Pikoli's suspension marked the beginning of a scramble to protect Selebi, which saw Mpshe make two late-night interventions to prevent moves against Selebi from going ahead. Well-placed sources in the Justice Department said Mpshe drove to the home of senior Randburg Magistrate Stanley Mkhari last Friday night to ask for the cancellation of Selebi's warrant of arrest. The warrant, which triggered the Pikoli crisis, was obtained by the Scorpions from another senior Randburg magistrate on September 10. Mpshe allegedly tried to do the same thing last weekend when he approached Johannesburg High Court Judge Phineas Mojapelo with a request to cancel a separate set of search and seizure warrants. Mojapelo refused to retract the order and the file containing the warrants. Full Mail & Guardian Online report

Mbeki, meanwhile, is under fire from all sides. UDM leader Bantu Holomisa has accused the Presidency of 'misleading and undermining the intelligence of the nation', according to a report in the Sunday Times. 'President Mbeki and Justice Minister Brigitte Mabandla still owe an explanation to the nation ... What do they mean when they talk of a breakdown in relations? They were obviously aware of the warrant. They must come clean and confirm they will also attend the inquiry,' said Holomisa. He was backed by the leader of the Independent Democrats, Patricia de Lille, who said: 'The nation has been misled.' De Lille said although the meeting she attended with other opposition parties at Mbeki's office following Pikoli's suspension was described as 'a courtesy briefing' by Frank Chikane, the Director-General in the Presidency, 'it is clear that we have been misled. It was not the irretrievable breakdown of relations between Pikoli and the Minister. It all has to do with the Selebi affair.' The leader of the DA, Helen Zille, said: 'The trouble is that Mbeki won't tell us what is going on and that is most of the reason for this crisis. It is quite clear that he has intervened to stop the Selebi warrant and that in itself constitutes a crisis.' Full Sunday Times report

The DA has vowed not to let the matter rest. Writing in the party's weekly newsletter, SA Today, parliamentary leader, Sandra Botha, said the gravity of the situation was such that it should not be underestimated by 'anyone who cares about the strength of our democracy'. 'The DA for its part will now consider every possible legal and parliamentary avenue that is available to get to the truth of the matter,' she said. Referring to the Mail & Guardian's reports on the issue, Botha said the President's interventions amounted to a clear obstruction of the course of justice as well as a violation of the constitutionally entrenched principle of the separation of powers. Mbeki's silence on the saga, she said, had made it difficult for South Africans to trust him. Full report on Mail & Guardian Online site SA Today column

This episode has done serious damage to the legitimacy of the criminal justice system, according to law academic Pierre de Vos in an article in Business Day. He believes it is not permanent and can be repaired if the Ginwala inquiry is conducted 'in a manner that is as open and transparent as possible. Given the poisonous political atmosphere and the pervasive culture of suspicion, failure to conduct such an open inquiry may deal a fatal blow to respect for the rule of law'. Full article in Business Day

At issue is Pikoli's apparent willingness to save Glenn Agliotti from prosecution for allegedly killing businessman Brett Kebble (he has already admitted in court that he 'assisted' Kebble to commit suicide) in exchange for truthful testimony about his (Agliotti's) relationship with Selebi, suggests a Business Day editorial. It adds: 'Mbeki's and (Justice Minister) Mabandla's apparent objections to this ring hollow, laced as they have to be with the political pressures they are under. It is simply fair to assume that Pikoli obtained warrants for the police chief's arrest out of frustration at Mbeki's hesitancy to remove him himself, especially ahead of the ANC's elective conference this December. It's no good sitting around saying to the public 'bring us the proof' as Mbeki and his police Minister have regarding Selebi and then, when someone like Pikoli does, not wanting to hear it. Our country is being held hostage to Mbeki's own political ambitions and history will not be kind to him for it.' Full Business Day editorial

In a related matter, the case against Agliotti, took an unexpected turn in the Johannesburg Regional Court on Friday. The Star says Agliotti will not be taking the stand against Selebi - at least any time soon. Instead of Kebble's murder case on Friday morning being transferred to the Johannesburg High Court for trial as expected, it has been postponed to January 22. Scorpions prosecutor Gerrie Nel told Magistrate Simon Radasie: 'We are not in a position to arrange a trial date ...this is only one matter in an extensive organised crime investigation and we respectfully request, in the interests of justice, to deal with all of these matters together.' Full report in The Star (subscription needed)