Meddlesome Menzi |
Publication | Mail and Guardian |
Date |
2008-08-15 |
Reporter |
Editorial |
During the early 1990s the phrase "the morbid symptoms of transition" was
often used to explain the terrible wave of violence that swept the country in
the years before the 1994 elections. It applies now, in the power vacuum created
by the fall of Thabo Mbeki as ANC leader and the frenzied battle by supporters
of Jacob Zuma to install him as South Africa's next president.
Among the "morbid symptoms" are the recent attacks on the judiciary and the
Human Rights Commission, which were centrally about ensuring that Zuma takes the
reins and that his supporters enjoy the resulting fruits
of office. And they include the extraordinary activities of Menzi
Simelane, supposedly a neutral state administrator who has been
straining every nerve to undermine the Scorpions and the
corruption case they plan to bring against the ANC president.
Simelane, the director general in the Justice Department, interprets his role as
meaning the subversion of one of the country's law enforcement agencies and its
prosecution of Zuma. In a mature constitutional democracy which upholds the rule
of law, he would be forced to step down.
But in a one-party dominant state like ours, officials with political
aspirations that suit the ANC are allowed to ride roughshod over our hard-won
constitutional values and governance norms. Because he is
doing the bidding of the new ANC leadership and
Mbeki will not dare act against him, he will survive and in all likelihood
prosper.
In our lead story this week, we report that a senior staffer of the National
Prosecuting Authority is accusing Simelane of seeking to spy on National
Director of Public Prosecutions Vusi Pikoli by getting prosecutors to record his
actions and then informing him. He has been going around town telling
journalists that there is no case against Zuma. We repeat: he is the most senior
official of the Justice Department, responsible for overseeing the justice
system and in charge of the state structure to which the National Prosecuting
Authority reports. He is emerging at the forefront of the growing national
agitation to have the charges against Zuma thrown out before they reach court.
Apart from his spearhead role in the ANC's efforts to shut down the Scorpions,
he has played a role in filibustering the British Serious
Fraud Office's endeavours to investigate the arms deal. A director
general who rose to the top during the Mbeki era, he is now doing everything in
his power to keep his job, and perhaps rise, in the new dispensation, regardless
of the damage to the body politic.
The risks inherent in a highly politicised bureaucracy are obvious: state power
is used to advance sectional interests. Instead of a corps of professional
administrators dedicated to serving the people, we are moving towards a US-style
system where senior bureaucrats are political players with partisan instincts,
but without the checks and balances which make the American model work.
Certain directors general are known to have lobbied for officialdom to stay
above the political fray. Simelane, by contrast, has taken his office to its
very centre.
With acknowledgements to Mail and Guardian.