Summary demotion of Chief State Prosecutor confirms trend at NPA

The summary demotion of Chief State Prosecutor Lampies Lambrecht following his refusal to obey a verbal instruction emanating from National Director of Public Prosecutions (NDPP), Menzi Simelane, not to oppose bail in the Jub Jub case, and the consternation caused by the demotion (see report), confirm the trend discernible at the National Prosecuting Authority (NPA). Its new head, Advocate Menzi Simelane, appears to be putting external considerations ahead of the interests of justice, and the prosecuting authority is visibly divided and in revolt.

The question therefore arises, as we said after leaks and disclosures over the last weekend about Adv Simelane's inexplicable decision to stop forfeiture proceedings against arms deal facilitator Fana Hlongwane, whether he can run the NPA efficiently. An NDPP who can not, should be put on suspension pending an enquiry into his removal.

The Democratic Alliance (DA) will be putting questions to the NPA in this regard when it appears before the Justice Portfolio Committee to defend its budget.

The protestations of acting DPP Gladstone Maema, that the demotion is unrelated to the Jub Jub bail application, are unconvincing.

The DA has an application before the courts to have Adv Simelane's appointment reviewed and set aside.

Statement issued by Dene Smuts, MP, Democratic Alliance shadow minister of justice and constitutional development, March 26 2010

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