Controversial former Department of Justice director- general Menzi Simelane was yesterday appointed new head of the National Prosecuting Authority (NPA), prompting dismay in political and legal circles.

Simelane replaces Vusi Pikoli, in whose suspension he was instrumental.

Former president Thabo Mbeki suspended Pikoli in September 2007. In an inquiry into the suspension, former speaker of the National Assembly Frene Ginwala said Simelane’s conduct was “highly irregular” and “left much to be desired”.

Simelane’s appointment raises questions about whether he would be a sufficiently independent prosecutions chief, considering that he was embroiled in Pikoli’s ousting.

Simelane also drafted the letter that contained an unconstitutional instruction to Pikoli not to arrest former police commissioner Jackie Selebi.

Pikoli disobeyed the instruction, precipitating the crisis that led to his suspension and firing.

After the Ginwala commission report was released, then president Kgalema Motlanthe noted the findings on Simelane, saying: “Once the honesty of (a) DG is alled into question”, it needed to be investigated.

At the time, then-justice minister Enver Surty had promised to investigate, but yesterday’s statement from the Presidency announcing Simelane’s appointment said Justice Minister Jeff Radebe had decided not to proceed with disciplinary hearings against Simelane after “interacting” with the Public Service Commission.

Opposition parties were outraged by President Jacob Zuma ’s appointment of Simelane.

The Democratic Alliance said it was “difficult to imagine a more inappropriate choice”.

The Independent Democrats said the appointment showed Zuma’s “disregard” for the independence of the authority.

Senior political analyst at the Centre for Policy Studies Aubrey Matshiqi said Simelane’s appointment was perplexing *1.

The “inauspicious circumstances” under which Zuma became president should have led him to send a strong message about the rule of law and independence of institutions, he said.

“This appointment defied that expectation and may send the opposite message that politics must triumph over the independence of our institutions.”

With acknowledgements to Karima Brown and Business Day.