Opposition outcry over Simelane

2009-11-25 18:34

Michael Hamlyn

Cape Town - A universal cry of horror has gone up from opposition parties at the appointment of Menzi Simelane as National Director of Public Prosecutions.

"It is difficult to imagine a more inappropriate choice," said Dene Smuts of the Democratic Alliance after the announcement on Wednesday.

The Inkatha Freedom Party's Koos van der Merwe asked: "Was Adv Simelane the best person for the job or the best person to follow a particular party line?"

Van der Merwe made it clear he believes that Simelane is "simply not a suitable candidate for this important position".

'NPA independence at stake'

He declares: "The future independence of the NPA is now at stake - the NPA's ability to act without fear or favour has been dealt a serious blow."

Patricia de Lille leader of the Independent Democrats slammed the "shocking appointment". She described him as "arrogant, almost definitely dishonest".

"That President Jacob Zuma can appoint someone that was accused by Frene Ginwala's panel of deceiving Brigitte Mabandla, his former boss and Justice Minister, and of interfering with the NPA's independence, shows the President's disregard for the independence of the NPA," De Lille said.

Smuts observed: "It would be fair to say that Advocate Simelane was the cause of the constant conflict between the ministry and the NDPP which culminated in Minister Mabandla's instruction to Pikoli to desist from preferring charges against the [former] national police commissioner [Jackie Selebi].

"Like Advocate Pikoli, we believe this was unlawful and unconstitutional, and Dr Frene Ginwala in her report described it as, 'an attempt to unlawfully interfere with Adv Pikoli's prosecutorial independence'.

ANC happy with choice

"Dr Ginwala's report makes it clear that she believes that Adv Simelane laboured under a misconception of his authority over the NPA. We must now expect the NDPP to take his orders from the minister, since he was so recently instrumental in trying to issue such orders.

"Given the President's own direct experience with the NPA and its recent decision to drop its prosecution against him, this appointment looks like a de facto grant of permanent Presidential immunity."  

Meanwhile, the ruling ANC welcomed the appointment, saying that "Simelane brings the necessary experience, legal background and administrative skills to effectively lead the NPA in the fight against crime".

The party said that his appointment "will bring stability to one of the key arms of the criminal justice system".

- I-Net Bridge (News24)