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Legal actions stacking up against Simelane appointment
Published in: Legalbrief Africa
Date: Mon 30 November 2009
Category: South Africa
Issue No: 359



Opposition to the appointment of Menzi Simelane as National Director of Public Prosecutions continues to mount, with President Jacob Zuma now facing the possibility of several legal actions to have the decision reversed.

A senior advocate - Pat Ellis SC - is to lay a complaint against Simelane with the Pretoria Bar Council on Tuesday. Others planning to pursue legal action are the Democratic Alliance (DA) and the Public Service Accountability Monitor (PSAM), a non-governmental organisation. The gist of Ellis' complaint will centre around Simelane's fitness to hold office after his integrity was questioned by former National Assembly Speaker Frene Ginwala last year during an inquiry into former chief prosecutor Vusi Pikoli. DA leader Helen Zille, wrote in the party newsletter on Friday that she would 'fight this appointment', adding the DA was 'seeking legal advice to ascertain whether Zuma's decision is reviewable by a court, and whether such a legal challenge would have a reasonable prospect of success'. And the Congress of the People (COPE) urged Public Protector Thulisile Madonsela in a letter on Friday to 'intervene'. Meanwhile PSAM called on the Public Service Commission to make public a complaint that was laid against Simelane in 2008, described at the time by Justice Minister Enver Surty as 'serious', but later dropped by his successor Jeff Radebe. PSAM's Jay Kruuse said if the PSC was unwilling to release its findings, the PSAM would use the Promotion of Access to Information Act to get them. He added Simelane's appointment was 'ill-conceived, prejudicial to the integrity of the NPA and the rule of law'.
Full report on the News24 site

The General Bar Council has confirmed it is ready to appoint a panel of advocates to investigate a complaint against Simelane, says a Cape Times report. Chairman, Advocate Patrick Mtshaulane SC, said advocates had to be appointed as there were legal issues involved. He said they would have to read through the Ginwala report and also consider other issues that were raised in the complaint.
Full Cape Times report (subscription needed)




  

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