In a choice seen by some as a payback for unwavering loyalty to the post-Polokwane ANC leadership, President Jacob Zuma has shocked political parties and legal commentators by appointing Menzi Simelane as National Director of Public Prosecutions to succeed Vusi Pikoli, writes Legalbrief.

Political parties point out his fitness to head the NPA was brought into question when his testimony before the Ginwala Commission was found to be contradictory, inaccurate and 'without basis in law' - a finding that Independent Democrats (ID) leader Patricia de Lille says led former Minister of Justice, Enver Surty, to ask the Public Service Commission to investigate Simelane's conduct and the commission then to recommend he be charged with misconduct and be subjected to a disciplinary inquiry. This recommendation was trumped by Justice Minister Jeff Radebe. A report in The Times notes that Simelane was held in high esteem during his tenure as head of the Competition Commission between 1999 and 2004, but his reputation took a knock at the Justice Department where he succeeded Pikoli as DG. However, it was his testimony during the Ginwala inquiry, which probed the fitness of Pikoli to head the NPA, that dealt Simelane's career a severe blow, says the report, noting former Speaker Ginwala was scathing in her review of his testimony, finding Simelane to have been dishonest on a number of issues. A Beeld report points out that Simelane is known for pleading for a stronger role for the executive in the running of the NPA and is of the opinion that the NDPP should report to the Minister of Justice.
Full report in The Times
Full Beeld report


A report in Business Day picks up on Simelane's view of the role of the NDPP. It points out that Simelane, as DG in the Justice Department, expressed a very different view of the role of the NDPP when appearing before the Ginwala Commission. It notes that during the inquiry Simelane described the 'difference of opinion' between himself and Pikoli. While Pikoli's opinion was that he alone had the final say in the management of the NPA, Simelane said the DG's role as accounting officer meant more than being a 'bean counter'. But for Pikoli this affected the independence of his office, says the report, noting the two had clashed on a number of issues, the root of which was a different view of the proper relationship between the post of DG and that of prosecutions chief.
Full Business Day report


The DA's justice spokesperson Dene Smuts was 'shocked' at the appointment, as was De Lille. 'It is difficult to imagine a more inappropriate choice,' Smuts said. De Lille was shocked that Zuma could appoint someone 'accused by Ginwala's panel of deceiving Brigitte Mabandla, his former boss and Justice Minister, and of interfering with the NPA's independence'. According to a report on the IoL site, De Lille said his appointment showed a disregard for the independence of the NPA. The African Christian Democratic Party (ACDP) was 'extremely disappointed' with the decision, saying Simelane was 'surrounded by controversy' during his tenure as DG in the Justice Department. 'In view of Ginwala's findings, and the need for an independent NPA, the appointment of Advocate Simelane is startling to say the least,' said ACDP president Kenneth Meshoe. The Inkatha Freedom Party said Simelane's appointment 'triggered questions and concerns'. It pointed out the finding of the Public Service Commission's probe had yet to be made public. The ANC welcomed the appointment, saying he brought the 'necessary experience, legal background and administrative skills' to do the job. 'The appointment will bring stability to one of the key arms of the criminal justice system,' the ANC said.
Full report on the IoL site


Another view is offered by independent legal expert Kevin Malunga, who described Simelane as a bright young man, who was - 'save for the ructions at the end of his tenure' - a competent Justice DG. The Citizen quotes him as saying: 'He is beholden to the constitutional premise that he must discharge his duties without fear, favour or prejudice, and we all hope he shall do just that.'
Full report in The Citizen