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Tue May 21 00:05:30 SAST 2013

Simelane to face music

GRAEME HOSKEN | 11 October, 2012 00:39
Menzi Simelan. File photo.
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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Shongweni

Posted 221 days ago
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Looks like the whole ball of poo is starting to unravel.... interesting. In fact it even gives one hope that with enough dogged persistence & determination we can get the vultures out of office and actually set up an honest, delivery focused administration.
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tman101

Posted 221 days ago
True that Shongweni. There is saying along the lines of 'it requires good man to be quiet in order for evil man to flourish'. We as the citizens of this country should fight and protect our freedoms. We must never keep quiet. Let active citizenship prevail.
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emil.loffler1

Posted 221 days ago
He shielded an uneducable, lying, corrupt, harem-keeper like Zuma from his crimes it states, as we all know ourselves already. And worse of all, Zuma is still in place, milking the taxpayer's money, please complete the ends of justice and jail both of them!
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Johnfpro

Posted 221 days ago
They always seem to resurface somewhere else after a few months or years.

Mike123

Posted 221 days ago
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Maybe I can save you guys some time. If it is labelled "ANC", call its integrity into question.

Ruudboy

Posted 221 days ago
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in SA I am yet 2 see a political party that could demonstrate intergrity
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JohnBravo

Posted 221 days ago
That is because you CHOOSE not to see anyone, old boy! What is it with you lot that will fight to the death to protect scumbags while rubbishing people who have a TRACK RECORD or excellent results????
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KgakgamatsoPhatlane

Posted 221 days ago
.....track record of excellence? like who? or rather who's doing the ratings? Good Luck
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Ruudboy

Posted 221 days ago
for the record I am not protecting anyone but just stating mere facts if he is not fit or is a scumbag he should be charged finish and klaar
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Ruudboy

Posted 221 days ago
I suppose 4 u excellence comes with the name DA
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Wort

Posted 219 days ago
The DA are world-class and first-world as far as integrity goes. If you can't see that, perhaps your eyes are deliberately shut.

MicaParis

Posted 221 days ago
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The Concourt ruling that nullified the appointment of Simelane as prosecutions chief has exposed the failure by the executive to appreciate the distinction between partisan preference and what is constitutionally expected of them.
The 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 ago
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Amen Shongwe and tman101, Amen. It takes a lot of energy, but at the end active citizenship is the way forward.

InExile

Posted 221 days ago
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"..please complete the ends of justice and jail both of them!" You are getting ahead of yourself emil.loffler1: you forgot about parole on medical grounds. Very soon they will feel unwell enough to be parolled. But not that soon. I mean we the taxpayer will pay huge sums for their defences and their remuneration whilst the matter is sub judice'.