Simelane outcry

CEDRIC MBOYISA

JOHANNESBURG - The appointment of former justice director-general Menzi Simelane as the new National Director of Public Prosecutions has caused an outcry.

Describing it as a “shocking appointment”, Independent Democrats leader Patricia de Lille said President Jacob Zuma had shown disregard for the independence of the National Prosecuting Authority (NPA) by choosing a questionable character like Simelane. “It is becoming clear that the ANC under Jacob Zuma is no different to the ANC under Thabo Mbeki when it comes to respect for the independence of the NPA,” she added.

The Frene Ginwala Commission (which investigated former NPA head Vusi Pikoli’s fitness to hold office) found Simelane had acted in unbecoming manner regarding the criminal investigation of former national police commissioner Jackie Selebi. The commission found Simelane was “arrogant, almost definitely dishonest” and he had authored a letter to the then justice minister Brigitte Mabandla telling her to order Pikoli to suspend his probe of Selebi.

“Does the fact that Mabandla’s successor, Enver Surty, asked the Public Service Commission to investigate Simelane’s conduct and that the commission recommended he be charged with misconduct and be subjected to a disciplinary inquiry, mean nothing to the President?” asked De Lille.

Democratic Alliance shadow minister for justice and constitutional development Dene Smuts also expressed shock at Simelane’s appointment. “It is difficult to imagine a more inappropriate choice. Given the President’s own direct experience with the NPA and its recent decision to drop its prosecution against him, this appointment looks like a de facto grant of permanent presidential immunity,” said Smuts.

University of Johannesburg’s Centre for the Study of Democracy director Steven Friedman said Simelane’a appointment was “a mild attempt to avoid controversy” but was going to cause controversy anyway. It does rather send an odd message,” he said, adding it did not bode well for the independence of the NPA.

According to independent legal expert Kevin Malunga, Simelane is a bright young man who was – “save for the ructions at the end of his tenure” – a competent justice director-general. He is beholden to the constitutional premise that he must discharge his duties without fear, favour or prejudice and we all hope he shall do just that.”