Constitutional law expert Pierre de Vos has suggested that the appointment of advocate Menzi Simelane as national director of prosecutions is “the darkest and most scandalous day yet in the short life of President [Jacob] Zuma’s tenure”.
Writing two pieces on the new head of the NPA, De Vos is scathing calling Simelane “a liar” and stating that he is not a fit or proper person as is required for this appointment.
Justice and Constitutional Development Minister Jeff Radebe has hit back claiming that Simelane is a fit and proper person and that he would be briefing the press shortly on the reason why he elected to discontinue the disciplinary measures against Simelane following the findings of the Ginwala Inquiry.
The simple question for me on this one is why Simelane?
Leave aside the issue on whether Simelane lied or not, De Vos’ claims that he will be a Radebe puppet and the justice minister’s opinion that he is indeed a fit and proper person to be a director and focus on the post and the candidate in context.
The head of the NPA has to be beyond reproach and of unquestionable integrity. The NPA has been shrouded in controversy. President Zuma has vowed to fight crime and tackle corruption. The police are embroiled in a shoot-to-kill saga while former head Jackie Selebi is on trial for corruption.
The justice minister had at his disposal other deputies to Mokotedi Mpshe whose appointment would not have raised eyebrows and who could have started the onerous task with a clean slate and universal backing.
Why then in the face of that go and appoint Simelane — who is controversial — to this particular post?
In essence it goes to the question of unnecessarily selecting a controversial candidate in a highly sensitive post rather than whether Simelane is a fit and proper person or not.
If he is indeed the fine upstanding citizen that Radebe would have us believe then appoint him to a less sensitive post of equal standing.