Simelane to face music
Image by: ROBERT TSHABALALA
The disciplinary hearing of advocate Menzi Simelane, the former National Prosecuting Authority boss, might call into question the integrity of Justice Minister Jeff Radebe and President Jacob Zuma.
While Simelane's fate as an advocate hangs in the balance, a senior Gauteng advocate said the focus should now turn to Radebe.
"Without a doubt he used and abused his position to ensure Zuma's protection. What he did is incomprehensible. It is an abuse of power," said the advocate.
The accusations by the advocate - who has inside knowledge of the disciplinary proceedings - were made as Simelane prepares for a hearing by the Johannesburg Bar Council, of which he is a member.
Simelane came under the spotlight again after the Constitutional Court ruled on Friday last week that his appointment by Zuma was irregular and invalid in the light of Simelane's testimony before the Ginwala commission in 2009.
The commission was convened to assess former director of Public Prosecution Vusi Pikoli's fitness to hold office.
Simelane's hearing, expected within the month, will be held to determine whether he should be subjected to more punitive action.
Simelane could find himself fighting for his career.
Johannesburg Bar chairman advocate Craig Watt-Pringle declined to comment.
The authority referred all questions to the Presidency.
Presidential spokesman Mac Maharaj said no decision has been taken on who should head the authority.
"The president respects and abides by the judg ment, which will be taken into account in mapping the way forward," Maharaj said.
The advocate close to the impending hearing said: "While the focus should be on Simelane, those who used him in their power games should not be forgotten.
"It is clear from the Constitutional Court judgment and that of the Supreme Court of Appeal that Simelane's appointment was questionable," he said.
"The Constitutional Court ruling questioned whether the president acted lawfully in exercising his power to appoint Simelane to his position - its conclusion was that he acted neither lawfully nor rationally."
The advocate said the charges against Simelane would hone in on the latest Constitutional Court ruling.


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Posted 221 days agotman101
emil.loffler1
Johnfpro
Mike123
Posted 221 days agoRuudboy
Posted 221 days agoJohnBravo
KgakgamatsoPhatlane
Ruudboy
Ruudboy
Wort
MicaParis
Posted 221 days agoThe judgment was not necessarily about Simelane (notwithstanding his disturbing unprofessionalism), but an affirmation of the principles underpinning the integrity of our public institutions.
It is also an ultimate reproof to the Presidency and serves as a legal leash on the powers of the executive (even though I personally feel that the judiciary conflated a crucial matter of executive restraint with administrative issues).
Zuma insisted that the national director is a political appointee who has a substantial policy related role as distinct from other directors of public prosecutions but however he misunderstood the role of the prosecution and its inherent independence from the executive even though it falls under the Justice Department.
‘’Poor’’ Zuma thought he could do a cadre-deployment with the prosecution, how pathetic.
I believe the concourts was unfair, on failing to explain a ‘’fit and proper’’ person since the NPA Act does not set out objective criteria and procedures to determine the candidate’s fitness.
It does not take a rocket scientist to realise that only ''Zuma and Radebe'' but ''Albert Einstein'' can cause such an administrative catastrophe, clearly their IQ is at room temperature!
SindiM
Posted 221 days agoInExile
Posted 221 days ago