IN THE NORTH GAUTENG HIGH COURT, PRETORIA
Case No: 8550/09
In the matter between:
PIKOLI, VUSIMUZI PATRICK - Applicant
and
THE PRESIDENT - First Respondent
THE SPEAKER OF THE NATIONAL ASSEMBLY - Second Respondent
THE CHAIR OF THE NATIONALCOUNCIL OF PROVINCES - Third Respondent
and
FREEDOM UNDER LAW - Applicant for admission as amicus curae
SETTLEMENT AGREEMENT
WHEREAS
1. On 8 December 2008, the President removed the Applicant, Mr Pikoli, front the office of National Director of Public Prosecutions in terms of section 12{6)(a)(h)(iv) of the National Prosecuting Authority Act 32 of 1998; and whereas
2. the Applicant has challenged the legal validity of that removal, and
3. the Parties referred the dispute over his removal to mediation; and
4. the Parties recognize that a breakdown took place in their relationship.
5 the Parties now wish to restore their relationship to one characterized by mutual trust and respect.
IT IS AGREED THAT
1. the Government recognizes that the Applicant is professionally competent, sufficiently experienced and conscientious and has the requisite integrity to hold a senior public position. It is therefore prepared to offer the Applicant a position in Government and the Applicant will consider such an offer;
2. the Government reaffirms its commitment to the principle of prosecutorial independence in terms of section 179(4) of the Constitution of the Republic of South Africa, 1996 and section 12 of the National Prosecuting Authority Act 32 of 1998 in terms of which the Prosecuting Authority is required to exercise its function, without fear, favour or prejudice;
3. the Applicant will be paid the sum of R 7.5 million in full and final settlement of all trains of whatsoever nature including a claim for pension payments, by any of the Parties against the other arising out of the Applicant's employment as National Director of Public Prosecutions.
4. the Applicant will withdraw his application in the North Gauteng High Court undercase number 2550/09 on 23/11/09; and
5. . the State has paid and will continue to pay the Applicant's legal costs including the cost of the application, and the costs of this mediation
SIGNEDAT SANDTON ON 21ST NOVFMBER 2009
FOR AND ON BEHALF OF THE APPLICANT
FOR AND ON BEHALF OF THE FIRST RESPONDENT
Source: www.doj.gov.za (transcribed from the PDF)
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