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Tue May 21 12:41:50 SAST 2013

Simelane out of the NPA

GRAEME HOSKEN | 05 December, 2012 00:43
Menzi Simelane
Image by: Vathiswa Ruselo

Disgraced former national director of public prosecutions Menzi Simelane has been quietly removed from the National Prosecuting Authority and stripped of his membership of the Johannesburg Bar.

The Johannesburg Bar met last night to discuss the finalisation of charges against Simelane.

His appointment as NPA boss was declared invalid by the Constitutional Court.

His testimony at an inquiry into the fitness to hold office of his predecessor, Vusi Pikoli, was deemed disreputable.

Simelane was not expected to attend last night's meeting of the bar, at which, according to the bar's chairman, Modise Khoza, members Mike Hellens and Dumisa Ntsebeza would speak.

Hellens is the prosecutor in the matter and Ntsebeza is the chairman of the bar's professional committee.

Simelane was replaced by acting National Director of Public Prosecutions Nomgcobo Jiba.

The Constitutional Court's ruling followed the findings of the 2008 Ginwala Commission of Inquiry.

The head of the commission, Frene Ginwala, expressed her displeasure with Simelane's evidence, stating that his testimony was "inaccurate ... without basis in fact and law".

President Jacob Zuma has appeared reluctant to announce Simelane' s dismissal, or to name his successor.

The National Prosecuting Authority has confirmed that Simelane is no longer on its payroll.

NPA spokesman Bulelwa Makeke yesterday said: "He no longer works for the NPA - in any capacity."

She said a permanent appointment had yet to be made.

Makeke referred all questions about Simelane's contract, successor and contract termination payout to The Presidency and the Justice Department.

Simelane could be paid millions of rands to terminate his contract.

Justice Department spokesman, Mthunzi Mhaga said: "Simelane's contractual issue is being addressed. Processes are currently under way to bring it to finality."

Presidential spokesman Mac Maharaj failed to respond to questions. Simelane, speaking through his father, Bheki, refused to answer questions.

A Johannesburg Bar member said that though Simelane was no longer a member of the bar, "this does not mean that he will escape the disciplinary proceedings".

He described the charges Simelane is facing as of a serious nature.

"They come from allegations that he interfered in the independence of the national director of public prosecutions. If found guilty, he faces disbarment," he said.

Khoza said those at the meeting would hear from Ntsebeza where the matter stood and when proceedings would begin.

"Advocate Hellens will brief members on the state of the charge sheet," he said.

Simelane, who was placed on special leave by Zuma, was appointed the NPA's head in 2009 despite Ginwala's comments about his conduct.

The Constitutional Court found the reasons Justice Minister Jeff Radebe gave for advising Zuma to ignore Ginwala's rulings were insufficient.

It said that Zuma's judgment was "irrational" when it came to appointing a fit and proper person to the job.

SIMELANE - A SOCIAL MEDIA BUTTERFLY

WHILE Menzi Simelane has quietly slipped under the radar, he has been trending on Twitter, tweeting about justice, politics and the ANC elective conference.

Politics:

"The only political analysis that matters most is that from the leadership of political parties directly. Everyone else is guessing."

"A decision on how the [African National Congress] deploys its human resources is a collective one by the leadership, informed by many considerations."

"So it's not a democracy because you don't like it."

"In exactly 16 months new members of parliament will take their seats in the National Assembly. So what are your plans if you don't come back?"

"So what is your exit strategy?"

"Changes in the political landscape may bring fear of the unknown. Where seeds of democracy have been planted fear is replaced with opportunity."

Justice:

"A confession is different to an admission. Know the difference."

"Human smuggling and human trafficking are different things."

"Unconstitutionally obtained evidence can be thrown out even if accused escapes prosecution."

Democracy:

"What constitutes a democratic society will always be informed by the changing nature of society. It is always evolving." - Graeme Hosken

SHARE YOUR OPINION

If you have an opinion you would like to share on this article, please send us an e-mail to the Times LIVE iLIVE team. In the mean time, click here to view the Times LIVE iLIVE section.

RSA.MommaCyndi

Posted 167 days ago
Avatar
"Simelane could be paid millions of rands to terminate his contract."

Story of our lives. Our President makes a cockup and we get to pay. Crime pays in SA. It is just mind blowing to think that perjury is now rewarded with 'millions'.
Avatar

nkosipeter

Posted 167 days ago
From Zuma's point of view it was not a cockup, it was a self defence strategy which failed. He will come up with another one.
Avatar

Stirrer

Posted 167 days ago
There was obviously an oversupply of idjits in the NPA!
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Loggenberg

Posted 167 days ago
RSA.MommaCyndi

"Simelane could be paid millions of rands to terminate his contract.
------


In a democracy it is votes that count. Many voters believe this wasted funds belongs to "white people"

nkosipeter

Posted 167 days ago
Avatar
Despotic tendencies are initially revealed in the attempt to control the instruments and levers of power such as justice, policing, security, communications etc. Zuma's track record in this regard is self evident and remarkably similar to that of the previous regime (and indeed, Mugabe's)
Avatar

Mike123

Posted 167 days ago
Very well said indeed!

BeverlyYoung

Posted 167 days ago
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@nkosipeter I doubt that Zuma knows what is going on at all....for what its worth: from a friend who 'used to be in government'.........by the time Zuma gets to his office, his gleaming desk is neatly arranged with one or two glittering papers ne? On the side, his various lackeys who make verbal reports to him, with advice on the best way to handle an issue.

He looks to the advice, and even when he makes a decision, he raises his eyebrows, questioning the decision. The spin-doctors step in, offering options, and finally, an announcement is made. Done. :)
Avatar

Mike123

Posted 167 days ago
Even if what you say is true, you need to remember that the boot lickers and butt kissers are only there because they are trusted to doggedly share the aspirations of their overloads.

Sasha*-Fierce

Posted 167 days ago
Avatar
Farewell, buddy! I enjoyed working with you on other parallel government legal projects! Stick to Competition Law, your very good at that field of law! I told you to enroll for a PhD Degree to increase your Legal knowledge and capacity but you told me that a person does not need a PhD to be brilliant, look where you are! But do not worry, every dog has got its own day but however you must further learn that a snake is very capable of removing its own old skin! Remember in politics we always sleep with one eyed open, my friend! Do not worry that much, just like Jimmy Manyi and Carl Nihause, we will give you something. ''off the limelight'', your beautiful children need to eat and go to school, my friend!!!

LangHendrik

Posted 167 days ago
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not a moment too soon . but as nkosi pieter says above , the president will have another lackey in the corridors to do his bidding

LangHendrik

Posted 167 days ago
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The president is doing the same as his mentor McApe up north . Will surround himself with yesmen , ply them with unbelievable status (which they will become too used to , to risk losing) and draw votes from the rural RTIQ to keep him in power until he croaks . The noose tightened again last night with the antics at Metro FM - a silencing of contrary opinions and opinion holders

POST94

Posted 167 days ago
Avatar
Comrade Menzi, a fine gentleman by the way, is literally falling on his sword for doing Mbeki's dirty work at the Ginwala Commission. Meanwhile Comrade Vusi Pikoli's credibility remains instact.

But as they say - ukuvaleka komunye umnyango, ukuvuleka komunye.

Mosala

Posted 167 days ago
Avatar
My standards in this regard are low, I know, but somehow I am pleased that this guy has been removed from the NPA, however handsome the golden-handshake. I cannot believe I'm saying this; imagime the depts to which we as a country of Mandela have fallen...

buddi

Posted 167 days ago
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Simelane could be paid millions of rands to terminate his contract.

Why? Wasn't he fired?

rahima

Posted 167 days ago
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Slimelane!

i_stub_born

Posted 167 days ago
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HA HA HA HA .........Simelane cum PhD or not is the same crook........University does not change the unscrupulous into a saint...........
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i_stub_born

Posted 167 days ago
.......anyway, this buddy/comrade was not as lucky as ANC Rustenburg Mayor Matthew Wolmarans, in jail for murder, AND still paid monthly 357000 buckaroos !!!!!!........That's ANC for you baby, yeah!!!........
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Sasha*-Fierce

Posted 167 days ago
I_stub_born

So sarcastic!
That is why I always jump at your comments every time you blog, must say I am a big fan!
But however very few people believe in comedians even though they mean to be serious sometimes!!! Even a lunatic cannot tell when or how can a comedian be serious but the bottom line remains that a comedian is capable of making either a lunatic or anybody laugh! The only thing that both people can achieve at a comedian frankly is to ''laugh at a comedian'''! HAHAHA!

i_stub_born

Posted 166 days ago
Avatar
.......unfortunately, I tend to attract bipolar personalities............
Avatar

Sasha*-Fierce

Posted 166 days ago
I_stub_born

Hahahaha, call it strategy not bipolar! In a certain folklore story, Once upon a time a lion thought it was the cleverest animal on the planet, only to be thought a lesson by a helpless tiny Rabbit of a very weak species! Ultimately the lion was placed on the ''scale'' and unfortunately it was found to be the most ''dumbest'' and a dud of all the animals!
I have realised that so many disgruntled members of the ANC are so much bitter about the present ANC leadership on the TL blog! The disgruntled Mbeki supporters who cannot either go to COPE or DA!