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Menzi Simelane. sapa
Simelane catcalls mount
Fri, 27 Nov 2009 12:00
Public opposition mounted on Friday against the appointment of
Menzi Simelane as prosecutions boss, with President Jacob Zuma
facing several court actions to have the decision reversed.
A senior advocate announced he would lay a complaint against
Simelane with the Pretoria Bar Council on Tuesday, while the
Democratic Alliance and a non-governmental organisation are seeking
legal advice to fight the appointment.
"I will table a memorandum before the Pretoria Bar Council on
Tuesday and they will have to take it from there," Pat Ellis, SC,
told the Mail & Guardian newspaper.
"The Bar Council will then decide whether to investigate
Simelane and, if so, what form the investigation will take."
The gist of his complaint will centre around a finding by former
National Assembly speaker Frene Ginwala last year during an inquiry
into whether former chief prosecutor Vusi Pikoli was fit to hold
office.
Simelane testified at that hearing and Ginwala found he had most
likely interfered with the independence of the National Prosecuting
Authority (NPA). This was during its fraud and corruption
investigation against former police commissioner Jackie Selebi.
Zille to 'fight this appointment'
DA leader Helen Zille, in the party newsletter on Friday, wrote
that she would "fight this appointment".
"The DA is currently seeking legal advice to ascertain whether
Zuma's decision is reviewable by a court, and whether such a legal
challenge would have a reasonable prospect of success."
The Congress of the People (Cope) urged Public Protector
Thulisile Madonsela in a letter on Friday to "intervene".
A watchdog non-government organisation called on the Public
Service Commission to make public a complaint that was laid against
Simelane in 2008.
The matter was referred to the PSC in 2008 by then justice
minister Enver Surty, who described it as "very serious".
Though the PSC reportedly recommended a disciplinary hearing
against Simelane, then director general of the justice department,
Surty's successor Jeff Radebe decided to drop the matter.
Head of the Public Service Accountability Monitor (PSAM) Jay
Kruuse said if the PSC was unwilling to release its findings to the
public, the PSAM would use the Promotion of Access to Information
Act to get them.
He said Radebe had not provided a thorough explanation of his
interactions with the PSC on this issue.
Kruuse said Simelane's appointment this week as national
director for public prosecutions was "ill conceived, prejudicial to
the integrity of the National Prosecuting Authority and the rule of
law".
He said Zuma had made the decision despite damning findings
against Simelane by the Ginwala Commission of Inquiry.
Zuma defends himself
Zuma's spokesperson, Vusi Mona, said Ginwala's findings were not
relevant to Simelane's appointment.
"Frene Ginwala is not the minister of justice," Mona said.
Ginwala also found that in his testimony before the inquiry,
Simelane gave contradictory and inaccurate information with no
basis in law and that his behaviour as justice department director
general towards the NPA was irregular.
Constitutional law expert Pierre de Vos has called Simelane's
appointment the "darkest and most scandalous day yet in the short
life of President Zuma's tenure".
Simelane was recently appointed deputy to acting NPA chief
Mokotedi Mpshe.
The Mail & Guardian reported that Simelane called a meeting on
12 October, two days after taking office, during which he addressed
the members of the National Prosecuting Service. He apparently told
staffers his transfer was "unexpected".
"He said he was a political animal and that it's common
knowledge he is a member of the party [the African National
Congress] that put the president into power," a staffer told the
weekly paper.
"He said he was deployed by the party to this position and that
part of his task was to implement the ANC's vision for the NPA."
About a week later, Simelane reportedly met prosecutors at the
NPA's Johannesburg office and told them political interference
would not be tolerated.
"But he said we should be sensitive when dealing with political
cases because the NPA is also part of government," a prosecutor who
attended the meeting said.