MPs lash no-show NPA boss Simelane

Parliament's justice committee has warned that it will never again meet a National Prosecuting Authority delegation unless the national director of public prosecutions, Menzi Simelane, is present.

In a report tabled in parliament yesterday, the committee rapped Simelane over the knuckles for pulling out of last month's meeting hours before it was to take place.

"The committee is of the view that this is the last time it will meet the NPA on its annual performance without the national director of public prosecutions being present. The committee seriously considered cancelling the meeting but did not as this would have resulted in wasteful expenditure," it said.

The Sunday Times reported last month that Cedric Frolick, ANC MP and house chairman responsible for portfolio committees, said it was unacceptable for directors-general and ministers to snub a parliamentary committee without giving a valid reason.

"It's completely unacceptable and it undermines parliament," said Frolick.

Simelane was quizzed by the committee in August last year after he said that the NPA struck 343 plea bargains with criminals, 186 of them with people convicted of violent crimes.

The ANC is annoyed with Simelane over the huge backlog of court cases.

He is the subject of a Supreme Court of Appeal dispute between the DA and President Jacob Zuma.

The DA has taken Zuma to court in connection with his appointment of Simelane in December 2009, saying he did not apply his mind when making the appointment.

Simelane testified before the Ginwala Commission in 2008 during an investigation into the fitness for public office of his predecessor, Vusi Pikoli.

Ginwala found that Simelane "invented allegations" against Pikoli, which he was later forced to retract under cross-examination, and tried to "unlawfully interfere with Pikoli's prosecutorial independence".

She accused him of being "arrogant, condescending and inventing baseless lies". Ginwala also said Simelane's "conduct left much to be desired".

After she had given her findings, then justice minister Enver Surty asked the Public Services Commission to investigate Simelane's conduct.

On November 3 2009, a month before Zuma appointed Simelane , a Pretoria advocate complained to the Pretoria Bar about Simelane's conduct, basing his case on the Ginwala Commission findings.

Parliament's justice committee has given the Department of Justice until November 20 to provide it with the names of those of its senior managers who failed to sign performance agreements last year.

It wants to know whether those managers were disciplined for refusing to sign, and whether any were paid performance bonuses though they did not have performance contracts.