DA calls for dismissal of Dept of Justice D-G following admission that he does not believe in independence of the NPA

While South Africans everywhere were left reeling this weekend by yet another of the ANC's salvos against the judiciary - following Gwede Manthashe's brazen attempt to undermine the Constitutional Court in the media on Friday - another public display of the ruling party's contempt for the highest law of the land has gone by relatively unnoticed, during the course of the Ginwala Commission of Inquiry into Adv. Vusi Pikoli's fitness to hold office as the National Director of Public Prosecutions (NDPP).

During his cross examination before the Ginwala Commission [see extract of transcript here], the Director-General in the Department of Justice, Menzi Simelane, stated that he does not believe the Constitution advocates for a separation of powers, admitted he hadn't even read the relevant section of the Constitution, and said he disagreed with the Constitutional Court on the matter.

In response to the question: "... are you not acquainted with the Constitutional entrenchment of the independence of the NPA?" Simelane stated: "I have heard arguments to that effect". And when asked: "... do you not understand that section [179(4) of the Constitution] to be a constitutional guarantee of independence?" he responded: "No I don't read it that way."

As such, the D-G of Justice and Constitutional Development has shown himself to be wholly at odds with the Constitutional Court's interpretation of the Constitution, as well as showing - like the ANC - that he does not believe in the separation of powers, which is a fundamental cornerstone of our democracy. It is simply unacceptable for a Director-General to not only be unfamiliar with, but actually deny that such a principle exists - most importantly with regard to the DPP. If a D-G cannot distinguish between the different branches of government, and in fact denies that such a distinction exists, he or she cannot continue in office and should be forced to resign or fired.

The fact that the President was able to appoint a Director-General (in the Department of Justice, no less) who does not understand the concept of the separation of powers - indeed, one who disputes it, saying: "No. I do not read [the Constitution] that way" - is also concrete evidence of the extent to which cadre-deployment undermines the basis of our constitutional democracy.

In this context there is simply no way that Simelane should be allowed to continue in office. The Democratic Alliance (DA) therefore calls on President Mbeki to relieve Simelane of his duties, with immediate effect.

The DA will be submitting parliamentary questions to both the Minister of Justice and to the President, asking for their views on the relevant section of the Constitution.

Statement issued by Sandra Botha MP, Democratic Alliance parliamentary leader, July 7 2008