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Justice Minister Jeff Radebe on Monday criticised the Ginwala inquiry for its "attack" on new NPA head Menzi Simelane and the Public Service Commission (PSC) for failing to allow Simelane to state his case.
Briefing the media, Radebe said that having considered all relevant factors, he was satisfied that the PSC's recommendations did not justify conducting a disciplinary hearing against Simelane.
The attack on Simelane's credibility by the Ginwala inquiry was without foundation as the letter by former justice minister Brigitte Mabandla to former National Prosecuting Authority (NPA) head Vusi Pikoli was already in Ginwala's possession before Simelane gave evidence, and it was therefore not misled by his evidence.
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The Ginwala inquiry should have called Mabandla if they had any queries regarding the letter, but failed to call her as a witness.
'I found the submission persuasive' Regarding the allegation that Simelane had failed to disclose the legal advice that he had obtained, there was no reason to disbelieve him when he later corrected himself.
Furthermore, the provisions of sections 36(3) of the NPA Act completely corroborated the evidence of Simelane that the NPA was accountable to him as the accounting officer with the exception of the Directorate of Special Operations and the Confidential Fund, Radebe said.
The judgment of the Supreme Court of Appeal made it clear that the minister was entitled to request reasons from the NDPP for a decision to prosecute or not prosecute.
The conduct of Simelane was in line with the directions to be found in the judgment.
The PSC report on Simelane's conduct before the Ginwala inquiry did not provide Simelane with an opportunity to explain or respond to the allegations against him.
'Simelane is in fact a fit and proper person' His response, subsequently submitted by Radebe to the PSC, was also not taken into account by the PSC, which stuck with its original report.
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