We must fight for the independence of the NPA
This week saw former National Director of Public Prosecutions, Vusi Pikoli, accept a R7.5 million out of court settlement on condition that he withdrew the court challenge contesting his dismissal. This opened the way for Menzi Simelane - a former Director-General in the Justice Department and no friend of prosecutorial independence - to be appointed as the NDPP.
Those who see the Pikoli settlement as just an expensive labour dispute between an employee and his former boss are gravely mistaken. This settlement has profound implications for the health of our democracy.
Many people do not see this. Mediations such as the Pikoli settlement tend to find broad acceptance because, on the surface, two parties in conflict have reconciled. And reconciliation is generally accepted as a good thing. In a context like this it is not.
Mediation is the wrong course of action when it is in the public interest to establish the truth of a matter. Inevitably, in such situations, a mediated settlement means compromising the truth in the interests of "reconciliation". And, in the Pikoli mediation, we believe the outcome has struck a blow to the heart of our Constitution.
This is certainly not Pikoli's fault. Mediation was not his first choice. Initially when he was fired, he turned down a R10-million golden handshake in order to contest his dismissal. Now he has succumbed because, as an individual, he and his family were being financially and psychologically crushed by the abuse of state power. Reaching a settlement was the only way out. At least it salvaged his honour (by having his professional integrity reaffirmed) and saved him from financial ruin.