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News | National | Courts

Govt backs new NPA chief Simelane

CAPE TOWN, SOUTH AFRICA Nov 30 2009 16:04
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Justice Minister Jeff Radebe has disregarded the recommendation of the Public Service Commission (PSC) that Menzi Simelane should face a disciplinary hearing over his conduct at the Ginwala inquiry -- this because the PSC did not give Simelane a chance to put his side of the case to it.

The Ginwala inquiry was set up to probe former prosecutions boss Vusi Pikoli's fitness for office.

"Any person who is to be affected by a finding must be given the opportunity to defend himself, as dictated by the audi alterem partem rule," Radebe said

As a result, the PSC recommendation was fatally flawed, and he felt able to disregard it. That accordingly leaves Simelane without taint, and Radebe insisted at a press conference on Monday that he is a fit and proper person to hold the office of national director of public prosecutions. (NDPP)

The justice minister also went through the allegations made against the new NDPP, who takes office on Tuesday, and dismissed each of them in turn.

The first allegation was that Simelane did not disclose to the inquiry a letter to Pikoli -- whom Ginwala found to be a fit and proper person to hold the office of NDPP -- sent by then-justice minister Brigitte Mabandla instructing him not to proceed with the arrest and prosecution of former police chief Jackie Selebi.

However, Radebe found that the letter was in fact forwarded to the commission by Mabandla herself, and was part of the bundle of papers sent to Ginwala.

"The attack on the credibility of advocate Simelane by the Ginwala inquiry because he had allegedly not disclosed this letter to the inquiry and therefore made a misrepresentation to the inquiry is without any foundation," Radebe said.

Simelane was also accused of misleading the inquiry by denying that he had acquired a legal opinion regarding the Pikoli issue. Radebe pointed out, however, that Simelane later corrected his evidence, explaining that the opinion covered this in addition to a variety of other issues. "Such a correction does not necessarily justify a conclusion that a witness was lying," Radebe said.

On a number of issues – especially surrounding the letter to Pikoli – Radebe said that Ginwala ought to have called Mabandla herself to give evidence to the commission.

CONTINUES BELOW


"The Ginwala inquiry in investigating the irretrievable breakdown in the relationship between the minister and the NDPP should have called the minister to give evidence," he said.

Complaints
Meanwhile, a senior advocate submitted a complaint to the Pretoria Bar Council against Simelane on Monday, South African Broadcasting Corporation radio news reported.

"I ask the Pretoria Bar Council to consider the ethical or unethical conduct complained of and to decide what should be done about it," said Pat Ellis, chairperson of the ethics committee.

"The complaints are extremely serious on the following basis: it is considered serious misconduct on the part of any advocate to mislead a court or tribunal in front of which she or he appears."

President Jacob Zuma last week appointed Simelane in the new position, drawing widespread criticism from political and legal circles.

The complaint against Simelane centres around the finding by former National Assembly speaker Frene Ginwala last year during an inquiry into whether Pikoli was fit to hold office. Simelane testified at that hearing and Ginwala found he had most likely interfered in the independence of the NPA. This was during the fraud and corruption investigation against former police commissioner Jackie Selebi.

The Star reported on Monday that the General Council of the Bar of South Africa confirmed it was ready to appoint a panel of advocates to probe a complaint against Simelane.

Advocate Patric Mtshaulana, chairperson of the bar, also said the complaint was based on Ginwala's findings. -- I-Net Bridge, Sapa
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Comments

And the band played on....different day same brown stuff!!!!
Craig Smith on November 30, 2009, 4:14 pm
"And the band played on...." as the ship was going down. I think next on the list the masses should start going after the ministers and burn their luxury cars and houses.
Mothopele Mick on November 30, 2009, 4:23 pm
Of course they'll back him. They bloody well appointed him!! Duh!!!!
Tiger Lily on November 30, 2009, 4:25 pm
Just the stuff banana republics are made of.......the anc have tried their best to spin this one, but it just didn't. pity.
Cigar & Cognac comrade on November 30, 2009, 4:31 pm
What a mess! Audi alterem partem rule - Oi Jeff!?!, you idiot, that is why the PSC suggested the disciplinary hearing, WHERE HE CAN THEN DEFEND HIMSELF! A luta Continua na casa dos macacos!
Oh my word! on November 30, 2009, 5:07 pm
Well, what does one say when your Gov utterly ignores one of thier own (And everybody else with just a tiny sense of moral code) senior people's investigation findings absolutley trashing the now new head (F...k head) of the NPA???? Is it now not absolutley,clear,obvious,apparent,blatant,barefaced,axiomatic,evident,explicit,right in our f....n faces, that these complete and utter, two faced, lying S of Bitch HO's are out there to finally pull the last plug. Bastards.
Apocalypse Now on November 30, 2009, 5:17 pm
These excuses might carry some credibility if the people involved were not all (supposedly) highly qualified lawyers. 'The letter was lost amongst a bundle of papers'and 'Well I did aquire a legal opinion, but I didn't understand that that counted if I aquired other legal opinions at the same time' sound very thin for someone who is judged competent to hold this senior position. Why not have a proper enquiry and earn the confidence of the public. 'He's not guilty and all his friends agree' doesn't do it for me....
Klasie Koek on November 30, 2009, 5:52 pm
way to go Mr. Radebe!
UmAfrica African on November 30, 2009, 6:27 pm
In a comment posted at the end of an article in the Sunday Times website, someone has the following to say about "Adv" Simelane’s track record:
(1) under his control the Dept of Justice for three years in a row, received a qualified audit report. In other words the books of the Dept are in a mess.
(2) Simelane lied to the Ginwala Commission.
(3) When Simelane was head of the Competition Commission, he was successfully sued by senior ex-employees of the Competition Commission in the CCMA.
(4) Simelane was successfully sued in the High Court by J De Lange, a high ranking ex Justice Dept official who was unlawfully suspended by him.
(5) Simelane also unlawfully employed a highly paid foreigner as manager at the Competition Commission without a work permit for which the Commission was made to pay a hefty fine at taxpayer’s expense.
(6) Also while at the Competition Commission Simelane unlawfully involved the Commission in raids on PPC cement again at great costs to the taxpayer when the Commission lost the matter.
(7) While at Justice, he caused much unhappiness amongst prosecutors and advocates for refusing to sign off the OSD salary dispensation relating to the NPA. ”
I wonder whether Adv Simelane ever appeared in court as an Advocate, and whether this would be required as part of the experience required to make somone a “fit and proper” person to be the NDPP.


WE ALL KNOW THE REAL REASONS - LIKE "TAKING OUT INSURANCE"
Poly Ticks on November 30, 2009, 6:30 pm
But Poly he is fit and able because JZ said so!!!!!! Then again what would someone with a Std 3 know about law other than dodging it!!!!!!
Tiger Lily on November 30, 2009, 6:57 pm
Animal Farm-1209 does not get what Minister J Radebe is up to.

Animal Farm-1209 does not believe that our leaders should be abused by the system by being denied their right to be cleared of wrong-doing/allegations by credible structures; we mean structures that have been created by our own government.

Animal farm-1209 would be indifferent if Mr. Simelane was to be subjected to a kangaroo court chaired by Mrs. H. Zillle and other dubious characters but if he will face music in a proper forum Animal Farm-1209 finds no problems with that.

Animal Farm-1209 is still for Investigation and Frank Dialogue!!
Animal Farm-1209 on November 30, 2009, 7:10 pm
Do you want someone who will protect the ANC...
Or do you want someone who will protect South Africa?
Sinudeity @gmail.com on November 30, 2009, 7:46 pm
It's going to be ten times worse if he is struck off as an advocate and has to be removed. If that happens, the minister's words are going to be played back, like Alec Irwin's sabotage claim.
Roger Pacey on November 30, 2009, 7:53 pm
Anyone know if Simelane is a true South African. Have heard that he was born in Zimbabwe. Is this not against the Constitution. Only those born in South Africa can hold this position.
Irene Levey on November 30, 2009, 8:15 pm
Sinudeity, in the ANC single neuron grey matter, they are South Africa. This is again proof that Zuma is a lier and deceives the public.
Pasta Bag on December 1, 2009, 6:56 am
Welcome back Apocalypse wondered what happened to you yesterday
Lee van Zyl on December 1, 2009, 7:23 am
I have never seen this contemptous chutzpah........

People who did not win elections, and who did not vote for the ANC government want to impose their favourite candidate on the ruling party. Only in a banana republic will this happen. Menzi has been appointed lawfully as he is well qualified for this job.

Get used to it!
Proudly_South African Proudly_South African on December 1, 2009, 7:25 am
Well done to the govt. for backing advocate Simelane. The vultures in the form of the rightwing legal click was already circling to go in for the final kill! It's not surprising that you see the vultures in the form of Pierre De Vos and other white advocates in on the General Council of the Bar! Not to be outdone, the heroic Paul Hoffman of the rightwing Institute of Accountability also joined in with his opinion piece in the Sunday Times! We are not surprise that some of these NGO's have a hidden and rightwing agenda!
nkosi sikelele on December 1, 2009, 8:51 am
The arrogance of the present government reminds me a lot of the arrogance of the apartheid government under P W botha. Do waht you like and to hell with the rest.
Eddie Vos on December 1, 2009, 8:56 am
.....and another thing, this decision will stand regardless of your moans and groans! Tell your party the DA to win an election and maybe you will have the chance to re-appoint Vusi Pikoli. Somehow I doubt the DA even with the support of COPE will ever win an election in this country!

This govt. will not be dictated to by a racist white minority and are under no obligation to entertain their misguided views!
nkosi sikelele on December 1, 2009, 9:01 am
Oh nkosi, you should be ashamed of yourself, with that nasty little race card again. Pasta Bag is right. Noone seems to have noticed the way the ANC party slogan and the national emblem are placed in a nice pattern as the backdrop for government appearances on SABC TV. They obviously don't get it.
Jonathan van den Heever on December 1, 2009, 9:51 am
nkosi sikelele, where do you get time to such write crap on the internet? aren't you supposed to be mowing the lawn or killing a few Zimbabweans or something?
moloko moloko on December 1, 2009, 10:19 am
Nkosi there you go again slamming the whites. Get over your inferiority complex Bro
Lee van Zyl on December 1, 2009, 11:03 am
Send in the clowns.........

Nkosi and Proudly - any facts or debate to back up your opinions? Nope, just the usual 'The ANC is right so get over it' nonsense. How about reading Poly Ticks post and refuting some of the points, or how about telling us why you think this man is qualified for this position. How about some logic? Everyone else is tired of the race card and the 'we won the election so we can do what we like' stance.
Klasie Koek on December 1, 2009, 11:04 am
All you racists on this forum have screamed in one voice about your racist disaproval on Simelane's appointment! Now you have the racist balls to tell us to shut up!

Only a fool will not realise there is a racist agenda against everything our Pres. does. We will use these forums to defend our President against the rightwing press and those that have hidden agendas in the NGO sector!
nkosi sikelele on December 1, 2009, 11:51 am
So defend him then - use facts and logic - don't just threaten and posture!
Klasie Koek on December 1, 2009, 11:53 am
What can we say, we're running a banana republic. The president is only trying to surround himself with his 'yes' man just to be on the safe side.
Gaeonale Morwe on December 1, 2009, 2:05 pm
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