ANALYSIS: Zuma forced to put out too many fires

29 February 2012 - 02:24 By CHANDRÉ PRINCE
subscribe Just R20 for the first month. Support independent journalism by subscribing to our digital news package.
Subscribe now

As Justice Minister Jeff Radebe turns his attention to the role of the courts, there are crucial components of the administration of justice and safety that have been rudderless because of President Jacob Zuma's flawed or questionable appointments.

Yesterday, Radebe unveiled his department's keenly awaited discussion document on the transformation of the judiciary.

In recent months, several of Zuma's appointments have come under heavy criticism.

He has been forced to put out fires - including one triggered by a ruling of one of the country's highest courts, the Supreme Court of Appeal.

His questionable actions include the appointment of Chief Justice Mogoeng Mogoeng, the suspension of national police commissioner Bheki Cele and the removal of top corruption buster Willie Hofmeyr as head of the Special Investigating Unit.

The most damning of Zuma's flawed appointments is probably that of National Prosecuting Authority boss Menzi Simelane.

In December, the Supreme Court of Appeal ruled that Zuma had acted "irrationally" in appointing Simelane in 2009, calling his appointment unconstitutional and invalid.

The DA successfully challenged the appointment, arguing that Simelane was not qualified for the position. In its ruling, the SCA said it was clear that Zuma had not undertaken an adequate inquiry before appointing Simelane.

The Simelane saga will be resolved in the Constitutional Court, leaving the NPA with an acting boss.

December proved to be a complete nightmare for Zuma.

He removed Hofmeyr - whom many view as a champion graft buster and a likely successor to Simelane - and replaced him with his former legal adviser, Willem Heath. But Heath had to resign two weeks after taking up the job of head of the Special Investigating Unit.

Heath caused an uproar with his controversial statements about former president Thabo Mbeki's alleged role in the prosecution of the fraud and corruption charges against Zuma in 2007.

It also emerged that Heath, at 66, was a year older than the SIU's stipulated retirement age.

After Heath fell on his sword, Zuma's advisers once again let the president down. He appointed controversial advocate Nomgcobo Jiba as acting SIU head only to replace her with advocate Nomvula Mokhatla, and then move her to act as NPA head.

In 2007, Jiba was suspended for her alleged role in the arrest of Gauteng Scorpions' head Gerrie Nel.

Zuma also had his hands full in the security sphere.

In October, he was forced to suspend Cele following Public Protector Thuli Madonsela's findings that the police commissioner had acted improperly and unlawfully when he tried to lease buildings from politically connected property mogul Roux Shabangu.

A board of inquiry into Cele's conduct starts work on Monday.

The appointment of Nhlanhla Mkhwanazi as acting national police commissioner was also not without fault. Zuma had to hastily promote Mkhwanazi from major-general to lieutenant-general in an attempt at damage control as 26 more senior lieutenant-generals would have to report to him.

This chopping and changing, according to analysts, demonstrates that something is seriously wrong in Zuma's office, including the widening gap between the president and his team of advisers.

subscribe Just R20 for the first month. Support independent journalism by subscribing to our digital news package.
Subscribe now