DA shocked at Simelane's appointment as NDPP; is he fit and proper?
The DA is shocked at the president's choice of former Justice Director General, Menzi Simelane as the new National Director of Public Prosecutions (NDPP). His recent transfer from the Justice Department to the Prosecuting Authority looks like an inappropriate move, given his history in the Vusi Pikoli drama - but at least he had been removed from Justice. Now it looks like a calculated move pending this appointment.
It is difficult to imagine a more inappropriate choice. It would be fair to say that Advocate Simelane was the cause of the constant conflict between the ministry and the NDPP which culminated in Minister Mabandla's instruction to advocate Pikoli to desist from preferring charges against the national Police commissioner. Like Advocate Pikoli, we believe this was unlawful and unconstitutional, and Dr Frene Ginwala in her report described it as, "an attempt to unlawfully interfere with Adv Pikoli's prosecutorial independence".
Dr Ginwala's report makes it clear that she believes that Adv Simelane laboured under a misconception of his authority over the NPA. We must now expect the NDPP to take his orders from the Minister, since he was so recently instrumental in trying to issue such orders. 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. The DA and Mr Richard Young's application for review of the decision not to prosecute remains in progress.
Adv Simelane's conduct during the Ginwala enquiry elicited damning comment from her. She said his conduct left much to be desired and that his testimony was contradictory and without basis in fact and law. He was forced to retract several allegations during his cross examination.
The question must be bluntly put, is such a person fit and proper to be the NDPP?
Statement issued by Dene Smuts, MP, Democratic Alliance shadow minister of justice and constitutional development, Novembe 25 2009
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