Dispatch.gif

 

 

Pikoli book nothing but a deliberate whitewash

 

 

Barry Sergeant, Dispatch, East London, 12 November 2013

 

WHY would anyone want to publish a sterilised, one-sided version of Vusi
Pikoli's memoirs? That's a question for Picador Africa, which recently
unleashed My Second Initiation: The Memoir of Vusi Pikoli, by Vusi Pikoli
and Mandy Wiener.

 

Pikoli, erstwhile director-general of justice and later head of the National
Prosecuting Authority (which in his day housed the Scorpions), is best known
for his rabid hunting down of Jackie Selebi, the one-time police
commissioner who was later convicted.

 

Pikoli's hagiography, which runs to 374 pages, can be described only as a
whitewash. In this regard, one of the most serious issues is Pikoli's
protection of Enver Motala (real name: Enver Dawood), a so-called
"liquidator". The affairs of companies (and individuals) that go bust fall
under the Master's Office, part of the Department of Justice and
Constitutional Development, which appoints private-sector liquidators to
clean up and report back.

 

In October 2003, Mike Tshishonga blew the whistle on what he described as
the "nepotistic" relationship between Motala and Penuell Maduna, then
Minister of Justice. Motala had arrived from the platteland and rapidly rose
to be No1 liquidator in the country. With no experience, he was appointed to
gigantic failures such as RAG, which went under with assets of R1-billion.
This guaranteed millions upon millions in fees for Motala, who employed a
small army of lawyers.

 

Tshishonga went public, accusing Maduna of "exploitation and abuse of state
apparatus and the infrastructure and staff of the Department of Justice and
Constitutional Development. for the purposes of advancing his personal
interests and agendas". It would be an understatement to say that Maduna
deployed Pikoli to do whatever it took to get rid of Tshishonga.

 

Without getting bogged down in the legalese, let's just say that Tshishonga
won every case that was thrown at him. He won in labour courts and he won
his disciplinary hearing. Judge Pillay wrote that "whether the respondents
(Maduna and Pikoli) account for their conduct as they should in a
constitutional democracy is a consideration. They failed to do so by
testifying in this trial and, in the case of the minister, also at the
disciplinary inquiry."

 

"Furthermore," wrote the judge, "the respondents' defence is funded from
public coffers. They, and the minister in particular, owe the public an
explanation. It is not as if they dismissed the allegations as
ill-considered, unsubstantiated rantings of a disgruntled employee. They
took the allegations against them seriously and were relentless in their
pursuit of the applicant (Tshishonga). Their failure to offer any
explanation in this case aggravates the claim against them."

 

So convincing was Tshishonga's case that the judge ordered that his legal
costs be paid. The judge also ordered that Tshishonga be reinstated, subject
to the outcome of his disciplinary hearing. After Tshishonga won that as
well, Pikoli refused to comply with the court order.

 

It seemed mind-boggling that the director-general of justice was in contempt
of court. Pikoli's denial, in effect, of the grim realities around Motala
has continued to this day. Neither Maduna nor Pikoli ever apologised to
Tshishonga, as ordered by court.

 

While Maduna and Pikoli moved heaven and earth to protect Motala, the
Serious Economic Offences Unit, part of the police force, arrested Motala on
allegations of fraud and corruption in July 2004. In due course, the case
disappeared - but that's a story for another day.

 

Fast forward: in September 2011, the Master's Office in Pretoria writes to
Motala, telling him of his removal as a liquidator. Years before, Motala had
been convicted on 93 counts - yes, nearly 100 - of fraud, and one of theft.
He had lied about everything. This information was available to Pikoli and
Maduna as czars of the justice department, and yet was either ignored or
concealed.

 

None of this is mentioned in Pikoli's book. Instead, Tshishonga is brushed
with tar for having "undermined" Pikoli and for not coming out with "clear
allegations of corruption". As mentioned, Tshishonga was fully vindicated by
the Labour Court.

 

However, perhaps the most disturbing issue is the possibility that Pikoli
had ulterior reasons for hunting down Selebi, he who had dared to order
Motala's arrest.

 

This is only one of many crucial misrepresentations and material omissions
in the Pikoli book. Tshishonga (who, by the way, published his own book)
told me last week that Pikoli must "come clean".

 

Barry Sergeant trained as an advocate, turned to journalism, and worked for
eight years as an investment banker. He is the author of the bestselling
Brett Kebble: The Inside Story and The Kebble Collusion. He has won several
awards, including The Valley Trust Award for Courageous Journalism. His new
book, The Assault on the Rand, published this year by Random House/Struik,
tells the explosive story of the rand's collapse.

 

 

From:
http://www.dispatch.co.za/pikoli-book-nothing-but-a-deliberate-whitewash/

 

 

 

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