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THE SMART NEWS SOURCE | Mar 17 2010 04:54 | LAST UPDATED Mar 17 2010 04:54 |
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Senior National Prosecuting Authority (NPA) staff are fuming after newly appointed deputy prosecutions boss Menzi Simelane allegedly told them on his third day at the office he was there to "implement" the African National Congress's "vision" for the institution. In a shock move President Jacob Zuma recently transferred Simelane from his position as Justice Department director general to become one of the NPA's four deputy national directors of public prosecution. Although his appointment is permanent, Simelane is also acting as head of the National Prosecuting Service (NPS), an NPA unit that oversees the operations and administration of all prosecutors in the country. Simelane arrived at the NPA's Pretoria headquarters on October 12 after being told of the move by Zuma. On October 14 he called a meeting of NPS staff in the auditorium of the NPA's head office. According to a senior staffer who attended the meeting, Simelane told his new colleagues 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 ANC] that put the president into power. "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." Eight days later, on October 22, Simelane met prosecutors at the NPA's Johannesburg office and allegedly 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," said a prosecutor who attended the meeting.  CONTINUES BELOW Simelane locked horns with the NPA on numerous occasions during his tenure as justice boss and walked into an office bristling with scepticism. His alleged remarks further infuriated NPA staff. This week Simelane did not deny making these statements at the two meetings. Through NPA spokesperson Bulelwa Makeke, he dodged questions about what he meant and focused on his "approach to his new role". "[His] appointment may provide him with an opportunity to have a closer experience of the challenges of prosecutions work. Some staff members indicated that they were of the view that he will struggle to find acceptance in the NPA because he has never worked as a prosecutor ... We will certainly continue to update the public through the media regarding the performance of the NPS under his leadership," Makeke said. According to two senior NPA sources, employees were "highly upset" with Simelane's appointment in light of his "constant attacks on the NPA and the independence of the NPA". Most upsetting are the findings of the Ginwala inquiry into former prosecutions boss Vusi Pikoli's fitness for office. Former speaker Frene Ginwala severely criticised Simelane in her final report, calling him arrogant and condescending towards Pikoli. Ginwala labelled his evidence before the inquiry "contradictory and without basis in fact or in law" and blamed him for suppressing the disclosure of information. This specifically referred to a legal opinion advising Simelane that he did not have authority over the NPA, as he had claimed. Simelane's conduct was "irregular" and Ginwala even suggested he might have contravened the NPA Act by drafting a letter to Pikoli that instructed him to abort the imminent arrest of former police boss Jackie Selebi. Simelane admitted drafting the letter that was signed by former justice minister Brigitte Mabandla. Mabandla said under oath it was not her intention to stop Pikoli from arresting Selebi. "Assuming this is correct, the conduct of [Simelane] in drafting the document in the manner it reads was reckless to say the least," Ginwala's report reads. "[Simelane] should have been acutely aware of the constitutional protection afforded to the NPA to conduct its work without fear, favour or prejudice. The contents of the letter were tantamount to executive interference with the prosecutorial independence of the NPA, which is recognised as a serious offence in the [NPA] Act." This week Zuma seemed oblivious to this comment by Ginwala. In response to questions, his spokesperson, Vincent Magwenya, said: "The Ginwala inquiry expressed a view with respect to the conduct of advocate Simelane. It did not cite any specific law that he may have violated." The Mail & Guardian previously reported that the Public Service Commission (PSC), tasked by former justice minister Enver Surty to scrutinise Ginwala's report, found Simelane should have faced a disciplinary hearing by the Justice Department. But Justice Minister Jeff Radebe asked for Simelane's comment on the report and sent it to the PSC. PSC chairperson Ralph Mgijima told the M&G the report was final and could not be changed. Magwenya said: "At present there is nothing before the president that precludes advocate Simelane from being appointed into any position in the public service." TOPICS IN THIS ARTICLE
Comments
The end of the beginning of the end of judicial independence in this country; that is, unless the people decide not to take this crap. But then, how could they ? The courts will be weighted against them. !Viva iAfrika Viva!
Shirene Fradet-Carim on November 1, 2009, 5:02 pm
This is not good.
Tim Long on November 2, 2009, 9:13 am
This is good.
Proudly_South African Proudly_South African on November 2, 2009, 9:43 am
It is not good that checks and balances are being destroyed all for the sake of protecting politically connected party hacks.
We should not be proud of how the ANC has made justice subordinate to the party. We will never get justice in this country. Hey proudly South African, if a motorcar carrying a speeding minister intoxicated on tea, or power, drives over your child would you want the matter swept under the rug to protect the ANC's public image or would you want justice? Ask Julius what justice is and he will say an 'assault charge on a policeman that disappears' or a 'cop that loses his job for issuing a speeding fine' to his holiness the amacheesekop. If this is what you proud of, keep it.
Justin Time on November 2, 2009, 11:35 am
The aparitchiks are being placed, and the people are buying the "action against corruption" myth (which is actually just getting rid of the Mbeki-ites). Next thing (ala George Bush) a "crisis" will be invented from which Zuma will "save" us (thank goodness he stiffened the laws allowing police brutality). Get the pattern?
pete ess on November 3, 2009, 1:09 pm
This is ludicrous! And Zuma has the audacity to say that he respects the independance of the judiciary!
Gordon Smith on November 3, 2009, 2:27 pm
Just the stuff banana republics are made of.....could have well made Schabir Shaik the finance minister.
Mercedes Benz comrade on November 26, 2009, 7:38 am
Cigar & Cognac comrade: Shabir Shaik: Minister of Health and Parole Board
Andre Scheepers on November 27, 2009, 9:51 am
ja ne!! its nice to win the elections!! you do as you like wether the apartheid beneficiaries like it or like, the decision stands!!
Africa 4 Africans on November 27, 2009, 11:37 am
Those who want to stay with Simelane stay(get the killers and oppressors to book) and those who can't stand him leave. You were never welcome in the first place.
Tman Brave on December 11, 2009, 2:23 pm
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