What Frene Ginwala said about new prosecutions boss: 'I must express my displeasure at the conduct of the DG: Justice in the preparation of government's submissions and in his oral testimony, which I found in many respects to be inaccurate or without any basis in fact and law'
President Jacob Zuma stunned opposition parties and legal commentators when he named the justice department's former director-general as National Director of Public Prosecutions.
This means that Simelane will now succeed Vusi Pikoli - the man he helped push out - as the head of the National Prosecuting Authority.
Opposition parties yesterday described the appointment as "shocking" and a "pay-back" for Simelane's unwavering loyalty to the post-Polokwane ANC leadership.
Though held in high esteem during his tenure as head of the Competition Commission between 1999 and 2004, his reputation took a knock at the justice department where he succeeded Pikoli as DG.
But it was his testimony during the Frene Ginwala commission of inquiry into Pikoli's fitness to head the NPA that dealt Simelane's career a severe blow last year.
Former speaker Ginwala - who was appointed by then president Thabo Mbeki to head the inquiry after Pikoli refused to obey Mbeki's orders not to arrest then national police commissioner Jackie Selebi - was scathing in her review of Simelane's testimony.
"In general, his conduct left much to be desired. His testimony was contradictory and without basis in law.
"[Simelane] was responsible for preparing government's original submission to the inquiry in which the allegations against Pikoli's fitness to hold office were first amplified," said Ginwala.
She found Simelane to have been dishonest on a number of issues.
"In cross-examination on his role, the DG was asked whether he had sought legal opinion from senior counsel on the responsibilities of the responsible accounting officer ... Having initially denied doing so, he finally admitted that he sought such an opinion," she said.
So damning were the findings against Simelane that then president Kgalema Motlanthe - who is now Zuma's deputy - ordered former justice minister Enver Surty to investigate the matter.
Motlanthe said at the time: "Once the honesty of the DG is called into question, we could not ignore that ..."
But Zuma yesterday sang the praises of the new NPA chief.
"Simelane's experience as the administrative head of the justice and constitutional affairs department and in the legal fraternity provides him with the necessary skills and capacity to perform his functions efficiently and effectively," said Zuma.
Pikoli, who was involved in a protracted legal battle over his axing, but opted for an out of court settlement at the weekend, said he was "surprised" to learn of Simelane's appointment.
Speaking through his attorney Aslam Moosajee, he refused to comment further.
The DA said it was "difficult to imagine a more inappropriate choice".
The party's justice spokeswoman, Dene Smuts, said she was "shocked" at the announcement and called it a "calculated move".
ID leader Patricia de Lille said the appointment illustrated the "president's disregard for the independence of the NPA".
Phillip Dexter, spokesman for the Congress of the People, described it as "political pay-back".
"This is a man who was a poor manager as a director general of the justice department. It is a political pay-back by Zuma, which looks like a trend since the ANC Polokwane conference," Dexter said.
After the Ginwala revelations, the public service commission, which investigated the claims against Simelane, found he should have faced a disciplinary hearing by the department of justice.
But Justice Minister Jeff Radebe said yesterday that he had since "interacted with the [commission] on matters relating" to the former DG "and decided not to proceed with disciplinary hearings against Simelane."
Simelane, who will take up his position on December 1, has replaced acting national director Mokotedi Mpshe.
Mpshe will return to his position of deputy national director of public prosecutions.
Despite the reaction from opposition parties, the ANC has welcomed Simelane's appointment.
The party lauded Simelane for his legal and administrative skills, saying he "brings to the NPA the necessary experience ... to effectively lead the NPA in the fight against crime."
The Black Lawyers Association's Macbeth Ncongwane said Simelane had failed to bring transformation in the justice department and address racism during his tenure as the director-general.
"He [Simelane] had closed doors for the black lawyers. We could not trust him anymore. The guy is not visible enough, we were actually surprised when he was appointed.
"When he was the director-general nothing happened in terms of transformation and racism," said Ncongwane.
But he said the association would support him.
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Madulla Nkosi