It is up to the president to decide what to do with the report on suspended prosecutions head Vusi Pikoli’s fitness to hold office, the Ginwala Inquiry said on Monday.

In response to “misunderstandings” in media reports on the process that may follow the handing over the report of the inquiry, an inquiry statement said: “It is our understanding that the NPA Act directs the president, if he decides to restore the NDPP to his office, to do so, and it is our opinion that the president would communicate that decision to Advocate [Vusi] Pikoli.

Inquiry spokesperson Lawson Naidoo said the statement came after there were questions over why Pikoli had not been given a copy of the report.

“In the event that the president decides to remove Advocate Pikoli from office, he would be required to table a report to Parliament together with any representations that Advocate Pikoli may wish to make and, to that end, will have to advise Advocate Pikoli of his decision,” the statement explained.

“It is our considered opinion that the report of the inquiry merely serves as advice to the president and the inquiry was therefore duty-bound only to make the report available to the president.”

The inquiry notified Pikoli’s lawyers of this on November 6.

Pikoli was suspended last September mainly on the grounds of an irretrievable breakdown in the working relationship between himself and former justice minister Brigitte Mabandla.

Pikoli said at the inquiry that he believed it was because he wanted to go ahead with the arrest of National Police Commissioner Jackie Selebi after telling former president Thabo Mbeki of his plans.