Justice Minister Enver Surty said yesterday he had asked the Public Service Commission to investigate the department’s director-general Menzi Simelane, whose conduct the Ginwala inquiry found to be highly irregular.

Frene Ginwala, who compiled a report on suspended national director of public prosecutions Vusi Pikoli’s fitness to hold office, found Simelane’s conduct left much to be desired.

She said Simelane’s personal views had informed the complaints against Pikoli, and formed part of the government’s submission to the inquiry. President Kgalema Motlanthe announced Pikoli’s axing on Monday, and referred Ginwala’s findings on Simelane to Surty for follow-up.

Surty said he regarded the Ginwala findings as very serious as public servants had constitutional imperatives that included a high standard of professional ethics, accountability and transparency. He said that the commission was best placed to deal with the issue. “This will ensure a thorough investigation to take place.”

The minister said he expected a report by the end of next month or February.

Simelane would remain in his post during the probe.

In her report, Ginwala expressed displeasure at Simelane’s conduct in the preparation of government submissions and in his oral testimony, which she found in many respects to be inaccurate or without any basis in fact and law.

“He was forced to concede during cross-examination that the allegations he made against Adv Pikoli were without foundation,” Ginwala said.

The government’s complaints related to matters such as the performance agreement between Simelane and the head of the National Prosecuting Authority and the way the Scorpions dealt with its labour issues. “All these complaints against Adv Pikoli were spurious, and are rejected without substance, and may have been motivated by personal issues,” Ginwala said.

Ginwala said Simelane’s failure to include all the relevant material at his disposal in the original government submission was not consonant with the responsibilities of a senior official giving information to an inquiry set up by the president.

“His testimony before the inquiry was also not particularly helpful to me; his evidence was contradictory, and I found him to be arrogant and condescending in his attitude towards Adv Pikoli,” she said.

With acknowledgements to Ernest Mabuza and Business Day.