/ 26 November 2009

Simelane appointment ‘unlawful’

Menzi Simelane's appointment as head of the NPA shows an ''utter disregard for the Constitution and the law'', said expert Pierre de Vos.

Menzi Simelane’s appointment as national director of prosecutions shows an ”utter disregard for the Constitution and the law”, according to constitutional law expert Pierre de Vos.

”This is the darkest and most scandalous day yet in the short life of President [Jacob] Zuma’s tenure,” he said on Thursday in his blog Constitutionally Speaking.

De Vos, who holds a chair in constitutional governance at the University of Cape Town, said the National Prosecuting Authority Act laid down that the director had to be a ”fit and proper person, with due regard to his or her experience, conscientiousness and integrity”.

”President Zuma acted unlawfully because Simelane clearly does not meet the requirements for the job,” he said.

He said the Ginwala inquiry had found that in his former post of justice director general, Simelane drafted a letter for his minister on the case for former national police commissioner Jackie Selebi that was in Ginwala’s words ”tantamount to executive interference with the prosecutorial independence of the NPA”.

De Vos said Simelane’s view of the NPA was that it should take instructions from the minister of justice and the president, even in making decisions on individual cases.

Simelane’s appointment was announced by the presidency on Wednesday, and drew a howl of protest from opposition parties.

The Umkhonto weSizwe Veterans’ Association said on Thursday that the parties ”must not behave like enemies of the ruling party but be able to criticise constructively where it is due”.

”The opposition must refrain from trying to run the country through back doors,” association chairperson Kebby Maphatsoe said in a statement.

He said Zuma had shown his commitment to strengthening government institutions by appointing ”one of the experienced minds in the legal profession”.

The association would be quick to say when Simelane was not performing to expectations, said Maphatsoe.

Simelane is to take over from acting director Mokotedi Mpshe, who will return to his position of deputy national director. — Sapa