Former National Assembly speaker Frene Ginwala says she stands by her
criticism of former justice director-general Menzi Simelane, who has been
appointed the new National Prosecutions chief.
President Jacob Zuma announced yesterday that Simelane would succeed Vusi Pikoli
as National Director of Public Prosecutions, prompting a
chorus of shock and disapproval, centred
on questions about Simelane's independence and his fitness for office as the
head of the National Prosecuting Authority.
Ginwala's report on her inquiry into Pikoli's fitness for office criticised
Simelane's conduct and raised questions about his integrity, while concluding
that the Pikoli was a man of unimpeachable
integrity *1.
She found Simelane had attempted "to unlawfully interfere with Pikoli's
prosecutorial independence".
Ginwala told the Cape Argus yesterday: "I stand by what I have said in my
report." She refused to comment further.
Constitutional expert Professor Pierre de Vos said that given Ginwala's
findings, Simelane was "not a fit and proper person for the position".
He suggested that Zuma might have acted unlawfully in choosing Simelane, because
Simelane "clearly does not meet the requirements for the job as stipulated" by
the NPA Act. These include that the NPA chief must be "a fit and proper person,
with due regard to his or her experience, conscientiousness and integrity to be
entrusted with the responsibilities of the office concerned".
"What the Act also envisages is that the incumbent must be a person of
experience, integrity and conscientiousness to be entrusted with the
responsibilities of the office of the NDPP," said De Vos. " The notion of
integrity is one that does not attract much debate in this case... (it) relates
to the character of a person - honesty, reliability, truthfulness and
uprightness."
Judging from the report of the Ginwala Inquiry, he said, "his appointment is
therefore not legally valid as he does not meet the minimum for the job".
"Surely at the very least the NPA should be led by a person one can trust?"
At the time of the Ginwala findings, former justice minister Enver Surty asked
the Public Service Commission (PSC) to investigate Simelane's conduct.
Yesterday's statement from the Presidency said new Justice Minister Jeff Radebe
had decided against proceeding with any disciplinary hearing against Simelane.
Political analyst Aubrey Matshiqi said Zuma's choice was a "surprise" as
Simelane was seen to be a key ally and the main driver behind efforts to get
Pikoli fired.
"I thought Zuma would avoid appointing someone too close to the ANC..."
He said Simelane would have to "work very hard to prove his independence".
Simelane was recently quoted as telling NPA staff that his appointment as deputy
NDPP was to "implement" the ANC's vision for the NPA.
Pikoli was axed despite Ginwala's findings and received a R7.5 million
settlement from the government this weekend. This cleared the way for Simelane's
appointment.
In her report, Ginwala also criticised Simelane for "inaccurate" and
"contradictory" evidence, some of which was "without basis in fact of law".
She also suggested he had made "spurious" claims aimed at getting Pikoli fired,
which he was later forced to retract.
Zuma said he was confident that Simelane would make the NPA's "independence and
vigour" his "utmost priority".
With acknowledgements to
Christelle Terreblanche and
Cape Argus.
*1So a man of unimpeachable
integrity is replaced with a man of no integrity whatsoever by a man of no
integrity whatsoever.