DA slams Simelane defence

2009-11-30 18:19

Cape Town - The Democratic Alliance on Monday called Justice Minister Jeff Radebe's attempts to defend the appointment of Menzi Simelane as National Director of Public Prosecutions, "wrong-headed
and disingenuous".

Natasha Michael, the party's deputy spokesperson on justice, said: "The appointed National Director of Public Prosecutions (NDPP) should be beyond reproach, and Adv Simelane's appointment certainly has been a very bad start."

Radebe, she said "argued that Simelane had not breached the Public Service Commissions code of conduct, was 'a fit and proper person' to lead the NPA and that the 'attack on the credibility of Simelane was without foundation'."

Instead she quotes an exchange from the Ginwala inquiry in which Simelane makes it clear that he does not recognise the constitutional fact that the National Prosecuting Authority is independent from the state.

Critical evidence

"This exchange is the most critical piece of evidence to emerge from the inquiry," she said.

"To cut a long story short, Menzi Simelane believes that the NPA should answer to the Minister of Justice.

"Inherent in that belief is the possibility that the minister would be able to influence, whether directly or indirectly, the decisions taken by the NPA with regards to which cases it should prosecute and which cases it should not.

ANC interests

"It also suggests that Adv Simelane is executive-minded and his initial position is to defer to members of the executive. This is deeply problematic because a great many of the cases before the NPA involve, whether directly or indirectly, members of the ruling party.

"And if the ANC executive is able to influence who the NPA pursues, it will undoubtedly act to protect its own interests. Certainly this kind of behaviour has defined its attitude to date."

She points out that the Constitutional Court has set out the nature of the relationship between the NPA and the government - that there is a "constitutional guarantee of independence".

"This fact is not a matter of dispute or debate, it is a legal and democratic requirement and the Minister of Justice and the President are obliged to ensure it is upheld," she said.

"The appointment of Adv Simelane runs against this requirement."

'Simelane a liar'

Meanwhile, Independent Democrats leader, Patricia de Lille, has described Radebe's media conference as "a futile spin exercise".

"No amount of spinning by the justice minister will convince South Africans that Advocate Simelane is a fit and proper person for this esteemed position," she said.

"The fact of the matter is that Simelane lied under oath during the Ginwala Commission.

"A judicial officer should have integrity and be honest at all times, but here is someone that lied under oath and therefore fails hopelessly to meet the Constitutional requirements."

At some stage Simelane is likely to have to make a decision on whether or not to prosecute his former boss, Brigitte Mabandla, who as the then justice minister wrote to Vusi Pikoli, the then national director of public prosecutions, telling him to halt his prosecution of police commissioner Jackie Selebi.

The Ginwala inquiry reckoned that this could be considered a breach of the National Prosecuting Authority Act, and De Lille promptly laid a charge against Mabandla.
 
 

Read more on:    democratic alliance  |  npa  |  menzi simelane  |  jeff radebe
NEXT ON NEWS24X

Boys, 6, die in hit-and-run

2014-04-19 22:37

Read News24’s Comments Policy

 

Inside News24

 
 

'Zuma's legacy will be judged by Nkandla'

The legacy of President Jacob Zuma is contingent on how he deals with the issue of upgrades to his Nkandla homestead, says Cape Town Archbishop Thabo Makgoba.

 
 

Latest elections multimedia

Why Jack Parow wants you to vote on 7 May
The ad the SABC doesn't want to air
Elections 2014 in one cartoon
This year's election posters
 
Traffic
Lottery
 
  • Thursday Sir Lowry's Pass - 05:35 AM
    Road name: Old Sir Lowrys Pass Road
    TRAFFIC LIGHTS not working at Bezweni Road
  • Thursday Cape Town - 05:35 AM
    Road name: Buitengracht Street
    TRAFFIC LIGHTS not working at Waterkant Street
 
More traffic reports...
 

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Escape winter, head to Mauritius

Escape winter by spending 7 nights in Mauritius' tropical bliss from R13 215 per person sharing. Includes return flights, airport transfers and accommodation. Book now!

Kalahari.com - shop online today

Get many eggs in one basket!

Gaming bundles: 2 Super Hits games for R99, 3 Disney games for R99 and more + exclusive accessory bundles only available on kalahari.com. While stocks last. Shop now!

25% off bestselling books!

The Real Meal Revolution by Tim Noakes, Jeffrey Archer’s Be Careful What You Wish for, Man’s Search for Meaning by Victor E. Frank and many more titles. Shop now!

Up to 25% off electronics

Buy top electronics and save up to 25%. Such as kalahari.com’s 1# selling product the gobii eReader, Patriot X Porter flash drive, Asus Nexus 7” 3G tablet, Samsung Galaxy SIII, Lenovo G580 Notebook and many more. Shop now!

DStv HD PVR Decoder now R949

The DStv HD PVR Decoder has further revolutionised the television experience with lifelike viewing, sharper images, more vibrant colours and precision picture quality. Now R949, save R550. Offer valid while stocks last. Shop now!

Up to 30% off appliances & homeware

Save up to 30% on appliances and homeware this Easter! Offer valid while stocks last. Shop now.

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

BlackBerry Curve 8520

Wi-Fi enabled With the BlackBerry Curve 8520 connect to your home...

From R1100.00

I'm shopping for:

Horoscopes
Aquarius
Aquarius

You may be good at organising events but they do take their toll on your energy levels. You may need some time out today just to...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.