COPE Calls on Public Protector to intervene on NPA Boss appointment

The leader of COPE in Parliament Dr Mvume Dandala today wrote an urgent letter to the Public Protector asking her to investigate the chain of events that led to the dropping of an investigation into in the conduct of the newly appointed NDPP. In the same letter, Dandala calls on her to intervene in what he described as President Zuma's error of judgment in the appointment of Menzi Simelame and the National Director of Public Prosecutions. He asserts that the NPA head is "a very crucial position in the defense of the rule of law". Dandala said that he believes that numerous events over the last few months related to the NPA have cast a shadow over that institutions and has "left the public with little or no confidence that that institution will ever exercise its mandate without fear, favour or prejudice."

Dandala sited extensively what the Ginwala commission had to say about the new NPA boss including the fact that the commission found:

• That the tensions between Pikoli and the Minister of justice were probably caused by Simelane

• That he gave contradictory and inaccurate information with no basis in fact of law and this left much to be desired

• He attempted - despite legal advice - to assert powers he did not have over the NPA

• His behavior as DG towards the NPA was found to be irregular.

• He made numerous spurious claims aimed at getting Pikolifired.

• He demonstrated disregard and lack of appreciation and for an inquiry established by the President.

Dandala said further that ‘ignoring all of these findings is a serious error that endangers the constitutional imperative for the independence and integrity of an institution so intricately charged with the defense of the rule of law."

In an impassioned plea to the newly appointed Public Protector Dandala said "Madam Public Protector, Many South Africans can only rely on offices like yours to dispassionately analyze actions of the executive and take pre-emptive actions to protect them from a potential slide of our justice system into a lawless paradise where lines between institutions of state and functions of executive are utterly and dangerously blurred."

Dandala stated that COPE believes that as public protector she is duty bound to inquire into the chain of events that led to the discontinuation of the investigation into Simelane's conduct; to investigate whether the findings of the commission were taken into account in this appointment and further to investigate whether therefore Simelane is a fit and proper person to hold the position of NDPP.

26 November 2009
To The Public Protector
Advocate Thuli Madonsela
Private Bag x677
Pretoria
0001
Fax: 012 362 3473

Dear Madam Protector of our people,

Re: Call for an inquiry into the appointment of the National Director of Public Prosecution

The National Director of Public Prosecutions is a very crucial position in the defence of the rule of law. We believe that numerous events over the last few months related to the NPA have cast a shadow over it and have left the public with little or no confidence that this institution will exercise its mandate without fear, favour or prejudice.

The reign of the acting Director of Public Prosecutions - that left the public baffled  was indeed the last straw and what has come to be expected of that institution. The recent appointment of Advocate Menzi Simelane former Director General of Justice who has been shown to have been intimately involved in the attempts to fire Vusi Pikoli, his predecessor, leaves much to be desired. Reasons that he advanced in an open inquiry where he took an oath, were disputed by parties involved and earned him the wrath of the chair of that commission characterizing his testimony as dishonest. Honesty is indeed the value that is paramount for anyone holding public office.

The Ginwala Commission, appointed at great cost by the Presidency, had other choice phrases for the conduct and by extension the character of Simelane. Among other findings of the commission, were the following:

• The tensions between Pikoli and the Minister of justice were probably caused by Simelane

• He gave contradictory and inaccurate information with no basis in fact of law

• He attempted - despite legal advice - to assert powers he did not have over the NPA

• His behavior as DG towards the NPA was found to be irregular.

• He made numerous spurious claims aimed at getting Pikoli fired.

• He demonstrated disregard and lack of appreciation for an inquiry established by the President

Over and above this he has come under severe criticism for discrepancies related to the provision of legal services to the child rape victims.

Following these startling findings by the Ginwala Commission there was talk of an investigation that got cancelled by the new administration under Minister Jeff Radebe.

We believe that ignoring all of these findings is a great error of judgement on the part of the president. But more importantly, it is a serious error that endangers the constitutional imperative for the independence and integrity of an institution so intricately charged with the defence of the rule of law.

Madam Public Protector, South Africans can only rely on offices like yours to dispassionately analyse actions of the executive and take pre-emptive action to protect our justice system from a potential situation where lines between institutions of state and functions of the Executive are utterly and dangerously blurred. The Ginwala Commission of Inquiry findings cannot merely be brushed aside in considering whether or not Simelane is a fit and proper person, as required by the constitution, to lead the NP. This is the matter that we would like you to probe seriously.

The position of the NDPP requires that one's integrity and strength of character be beyond reproach. This is precisely our objection to this appointment. This is a position where daily discretions need to be exercised to ensure that our justice system is impartial and fair enough to bring justice to our land and that those who act in contradiction to our laws are brought to book.

We believe that as public protector you are duty bound to inquire into:

• The chain of events that led to the discontinuation of the investigation into Simelane's conduct

• To investigate whether the findings of the commission were taken into account in this appointment

• To investigate whether therefore Sirnelane is a fit and proper person to hold the position of the NDPP.

We look forward to engaging further with you in this regard and we hope you will give this matter the urgent attention that it deserves.
Sincerely,
Dr H. Mvume Dandala MP
COPE Parliamentary Leader
Source: Congress of the People (transcribed from PDF)

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