South Africa : Conduct of Justice DG Menzi Simelane to be investigated

By Janine Du Plessis

Pretoria - President Kgalema Motlanthe has requested the Minister of Justice and Constitutional Development Enver Surty to investigate the conduct of the Director General in the department, Menzi Simelane, in terms of public service regulations.

This follows the release of the Report of the Enquiry into the fitness of Advocate Vusi Pikoli to hold the office of National Director of Public Prosecution on Tuesday

The report follows an enquiry, lead by former Speaker of the National Assembly, Frene Ginwala, into Adv Pikoli's fitness to hold office and the alleged irretrievable breakdown in the relationship between the former minister of justice and Adv Pikoli, among others.

This had been the basis on which former President Thabo Mbeki suspended Adv Pikoli at the end of last year.

Mr Simelane was responsible for preparing government's original submission to the enquiry in which the allegations against Adv Pikoli's fitness to hold office were first amplified. He was also called to tender evidence as a witness during the hearings between May and August.

According to the report, several of the allegations leveled against Adv Pikoli were shown to be baseless and the Director General was forced to retract several allegations against Adv Pikoli during his cross-examination.

In her report, Ms Ginwala draws attention to the conduct of the Director General during the enquiry. "His general conduct left much to be desired. His testimony was contradictory and without basis in fact or in law."

President Motlanthe, who addressed the nation on Tuesday on the removal of Adv Pikoli from office following the release of the report, said he had noted the observations of the enquiry with regard to the issue of the character and conduct of Mr Simelane.

"[I] have requested the Minister of Justice and Constitutional Development to follow the matter up in line with the Public Service Act and relevant regulations."

He further explained that the matter had been referred to the minister because Mr Simelane's honesty had been called into question and this could not be ignored.

Regarding the irretrievable breakdown of therelationship between Adv Pikoli and the former minister, the report also found that the differences in Ms Mabandla's and Adv Pikoli's respective understanding of their duties had been precipitated by Mr Simelane's misconception of his authority over the National Prosecuting Authority (NPA), which influenced his reports to the minister.

"The DG: Justice had an incorrect understanding of his role in relation to the NPA resulting in constant conflict with Adv Pikoli and officials in the NPA.

"These conflicts were undoubtedly referred to in the DG: Justice's reports to the minister, and to some extent would at least have given rise to the minister's misplaced concerns that Adv Pikoli considered himself not to be accountable to the minister," reads the report.

According to the report, government had complained that Adv Pikoli had failed to account to the Mr Simelane, and thereby prevented the latter form executing his accounting responsibilities.

However, the Ginwala report found that he was not obliged to account to the Director General in this manner.

The report further stated that the Director General had an incorrect understanding of his role in relation to the NPA resulting in constant conflict with Adv Pikoli and officials in the NPA. "I surmise that these conflicts were undoubtedly referred to in the DG: Justice's reports to the minister, and to some extent at least must have given rise to the minister's misplaced concerns that Adv Pikoli considered himself not to be accountable to the minister."

Ms Ginwala further states that she found the conduct of Mr Simelane highly irregular.

"His failure to include all the relevant material at his disposal in the original submission by government was not consonant with the responsibilities of a senior state official furnishing information to an investigative enquiry established by the President.

"He had a duty to place all relevant information before the Enquiry. His testimony before the Enquiry was also not particularly helpful to me; his evidence was contradictory and I found him to be arrogant and condescending in his attitude towards Adv Pikoli."

The report further says that he did not heed the legal advice he had sought and received, and continued to assert powers he did not have.

"His personal view informed the complaints against Adv Pikoli that formed part of government's submissions to the Enquiry. For that reason he made statements in his evidence in chief that he was forced to retract under cross examination," according to the report. - BuaNews