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Cabinet supports Simelane

MAIL & GUARDIAN ONLINE AND SAPA | CAPE TOWN, SOUTH AFRICA - Dec 03 2009 15:14
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Cabinet on Thursday said it had full confidence in controversial new National Director of Public Prosecutions Menzi Simelane and took a swipe at "unfortunate" media reports criticising his appointment.

It welcomed Justice Minister Jeff Radebe's defence of Simelane's appointment this week, when the minister rejected the Public Service Commission's (PSC) call that he face disciplinary procedures.

"The timeous response and intervention by the minister of justice and constitutional development on the unfortunate media reports around the appointment of the director of the National Directorate of the Public Prosecutions (NDPP) was welcomed.

"Government wishes to reiterate its confidence in the NDPP to carry out his responsibilities," the government said in a statement following the last Cabinet meeting of the year.

Simelane's appointment met with an outcry from the opposition and legal fraternity, who questioned whether he was fit to hold the position.

Simelane was accused by the Ginwala inquiry into former prosecutions boss Vusi Pikoli's fitness to hold office, of interfering with the independence of the National Prosecuting Authority (NPA).

This stemmed from a letter he drafted in 2007, on behalf of then justice minister Brigitte Mabandla, in which Pikoli was advised to stop the arrest of then national police commissioner Jackie Selebi.

Former speaker Frene Ginwala slammed Simelane in her final report, calling him arrogant and condescending towards Pikoli. She labelled his evidence before the inquiry “contradictory and without basis in fact or in law” and blamed him for suppressing the disclosure of information.

Simelane’s conduct was “irregular” and Ginwala even suggested he might have contravened the NPA Act by drafting the letter to Pikoli.

But Radebe said the PSC's failure to make a recommendation on the basis of Ginwala's report without hearing evidence from Simelane was a fatal flaw, and had violated his rights.

CONTINUES BELOW


The Mail & Guardian last week revealed that senior counsel Pat Ellis was to submit an official complaint against Simelane at a meeting of the Pretoria Bar council following Simelane’s controversial testimony before the Ginwala inquiry.

Ellis told the M&G last Thursday: “I will table a memorandum before the Pretoria Bar council on Tuesday and they will have to take it from there. The Bar council will then decide whether to investigate Simelane and if so, what form the investigation will take.”

Leading constitutional expert Pierre de Vos harshly criticised Zuma’s appointment of Simelane last week, saying that the president had acted “unlawfully because Simelane clearly does not meet the requirements for the job as stipulated by the NPA Act”.

The Constitution requires that the NDPP must be a “fit and proper person” with due regard to his “experience, conscientiousness and integrity to be entrusted with the responsibilities of the office concerned”.

De Vos wrote on his blog, Constitutionally Speaking: “Unfortunately, we know from the report of the Ginwala inquiry that Simelane is not honest.

“Neither is he reliable, nor does he possess the necessary truthfulness and uprightness required by the [NPA] Act. His appointment is therefore not legally valid, as he does not meet the minimum requirements for the job.”
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Comments

i'm still in shock that peter madala is now the head of the NPA. i thought he would still be busy with humbulani's divorce.
ursa negro on December 3, 2009, 3:47 pm
The gangster cabinet, lead by a gangster king. In fact, I propose a new name for these rawk star, corrupt politicians.

ANC gangstars
Sinudeity @gmail.com on December 3, 2009, 3:57 pm
Of course the cabinet support Simelane. Do they have an option?
Marc Bayne on December 3, 2009, 4:00 pm
@Sinudeity@gmail.com
Please have another go, perhaps your creative gears were still revving up. Will call "ANC ganstars" a trial run.
Am sure you can do better than that.

Come on... do it!
Smulo B on December 3, 2009, 4:17 pm
'Unfortunate' media reports. What a joke. The ANC appoints their own enquiry and then totally disregards the findings. Simelane is as crooked as they come. It never ceases to amaze me how the govt manages to justify these decisions. What was the point of the Ginwala Commission if it was 'flawed'?
Ever Last on December 3, 2009, 4:27 pm
ANC gangstars sounds about right The once proud ship RSA is fast heading towards the abyss, driven by corruption, theft and incompetence, and steered by greed and get rich quick schemes. The captain is gathering a hand-picked team of suitably qualified sycophants to man the decks.
henriw on December 3, 2009, 4:32 pm
I just feel pity for you denialist. ANC is in power not opposition
mthandazon hlahla on December 3, 2009, 4:34 pm
No surprise here. But the fact remains that they appointed a questionable character so nobody should be surprised if he turns into a corrupt official.
Concerned Citizen on December 3, 2009, 4:39 pm
Simelane is as crooked as they come. 'Unfortunate Media Reports' -what a joke. It never ceases to amaze how govt finds away of justifying these decisions. They ANC appoints its own enquiry and then totally disregards the findings, pays of Pikoli, and replaces him Simelane. Is this theatre or is it actually happening?
Ever Last on December 3, 2009, 4:39 pm
The cabinet in SA always supports what the government does. this is not front page new.
Sterling Ferguson on December 3, 2009, 4:57 pm
do we all understand what Gov and Cabinet is? let us not display our knowledge deficit in a stupid manner.
mthandazon hlahla on December 3, 2009, 5:05 pm
Do we as ordinary South African's actually care about what cabinet thinks? As commented above they are nothing more than a bunch of "Ja broers." We think the man isn't fit and since Radebe is at such pains to defend him we can only assume that there is some sort of comrade relationship there that we are not privy to.
We are letting our country be run by a bunch of idiots, these two included.
Mr Gibbo on December 3, 2009, 6:13 pm
We all support every banana in the republic - welcome !
Poly Ticks on December 3, 2009, 6:24 pm
Typical banana republic stuff....blissfully unaware of their own arrogance and ineptitude.
paul vincent on December 4, 2009, 12:41 am
..took a swipe at "unfortunate" media reports... At least they didn't say that the reports were UNTRUE. Everyone else in the country KNOWS that he is not fit for the position.
Marius de Kock on December 4, 2009, 7:25 am
No honest Cabinet would express confidence in Menzi Simelane after his proven complicity in the violation of our Constitution and the rule of law evident in the sacking of his honest predecessor, Vusi Pikoli.

Pikoli would not have needed to be fired repeatedly by compromised presidents, if our Cabinet had not been party to corruption and embezzlement that started with the arms deal, continued with the looting of the Land Bank and ended in the unjustifiable firing of Pikoli and withdrawal of charges against the president responsible for the corruption on which Shabby Shaik was convicted and failed to serve out anything approaching his 15-year sentence -- becauase of a crooked Cabinet. Shame on the "gangster state"!
Siegfried Hannig on December 4, 2009, 7:43 am
Only a "gangster state" could tolerate a Cabinet responsible for the rape of the nation evident in the destruction of almost all public services and almost all municipalities.
Siegfried Hannig on December 4, 2009, 7:51 am
What purpose do these commissions of enquiries serve, how do the poor masses benefit from them when their findings and recommendations can be disregarded with such impunity. Our cabinet and parliament have become shameful grounds that one has lost faith in them .It is high time the public take a stand and let these corruptible politicians be accountable..
Mokibelo Maake on December 4, 2009, 9:50 am
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