Article Search

 Simelane is proper person for NPA - Radebe
    November 30 2009 at 10:38PM Get IOL on your
mobile at m.iol.co.za

Submit your comment

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.
Continues Below ↓





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.


Continues...


Email StoryPrint Story
BOOKMARK THIS STORY
Social bookmarking allows users to save and categorise a personal collection of bookmarks and share them with others. This is different to using your own browser bookmarks which are available using the menus within your web browser.

Use the links below to share this article on the social bookmarking site of your choice.

Read more about social bookmarking at Wikipedia - Social Bookmarking

muti
Showing page 1 of 1 comment pages, 8 total comments
10 Weeks ago Palemale wrote :
@ Papa. No-one is suggesting a kangaroo court. No-one wants to punish Simelane without a trial. With the formal opinion of the PSC and Ginwala commision made public, why does Radebe not make the advocates opinions available or do thay say something that would be embarrassing to Simelane and the ANC? The DA is trying to get this decision to court but the ANC is doing everything they can to evade this. The actions of the Minister once again reek of dishonesty.
10 Weeks ago Troy wrote :
The ANC's vision for the NPA...Gee, i wonder what that is, protect JZ, JM, Shaik(all of them) and all the "comrades of shame". Zuma-pro poor, what a load of sh!t. Lets fill our pockets, rape the economy and incite racism, thats how we do business
10 Weeks ago jbb wrote :
It is indeed ironic that the Minister is critical of the Ginwala report today but never said anything about it when it was presented to Cabinet...what the Minister fais to realise is that Adv David Unterhalter SC has made millions from legal briefs he received from the Competition Commission under the leadership of Simelane when he represented the Commission is cases before the Competition Court..so obviously he would now want to speak against the hand that fed him his millions... makes you think !!!
10 Weeks ago PeteM wrote :
Papa, the same argument used to defend this appointment was used to fire Mbeki!! Consistancy is asked for. If a disciplanary hearing was held, he would have had to opportunity to defend himself. The minister decided it was not necessary to do so and took his opportunity away to defend his course. Why blame others for that now?? So if they alleges must proof, give them the opportunity to proof. In this country its before the legally appointed bodies; sometimes the courts and sometimes internal review bodies. This is not dissimilar from the ANC internal investigations whos outcomes all have to accept. It is so funny that you call these bodies are called kangeroo courts by you, yet they are structured in accordance to the constitution Simelane and Radebe want to uphold. The problem is that these senior members of our society do not want there days in court to defend themselves and I wonder why. No actually I don't wonder; this is just another of those "looking after those who look after me" situations. This will never go to court and back room politics will ensure that the comrades stand together another lieing politician. (Simelane has played politics to get here) Maybe this logic is above you so I will be better of cutting my toe nails.
10 Weeks ago Anonymous wrote :
How can Simelane ever be trusted, and where is the equity around here
10 Weeks ago Black & White wrote :

@Papa

Ok, so Menzi is being punished without trial. What about Pikoli? Why was he fired only to be replaced by the same man who interfered with NPA proceedings and wrongly accused Pikoli of wrong doings without facts. Was he not eyeing Pikoli's job?
10 Weeks ago Sabatha wrote :
It is ineresting that Jeff Radebe was part of the Cabinet that recieved the Ginwala report and never said a thing but today he sees everything wrong about the report. It is very difficult to trust people like him. It is either he have no backbone or 'too flexible'.
10 Weeks ago Papa wrote :
Advocate D Unterhalter SC and Advocate G Malindi advised the Minister accordingly, those who are of the opinion that the advise was wrong, leading the minister to be "wrongheaded" should do the least honourable thing, provide proof of this "wrongheadedness", supported by legal arguments. Are we to punish Simelane without a trial? Why is the DA hellbent on subjecting Adv Simelane to a kangaroo court trial whereas they want to "protect democracy and the constitution"? He who alleges must prove, that is the law. If the DA or any other political minow has something important to say, let them go to the courts.
HAVE YOUR SAY
Please enter your comment into the text box below.
Note: all comments are moderated (see our moderation policy) and may take some time to display, or may not appear at all.
If you would like to use an alias, please type it below. If you do not enter an alias you comment under a Anonymous byline.
Type your email address below - your comment will not be accepted without it. This is required as part of our moderation guidelines, but your address will not be published or distributed.
Lastly, to help fight spam, enter the letters in the image below as you see them.




     Related Articles
More Front Page stories

Watch IOLs latest videos on YouTube Join IOLs Facebook page Follow IOL on Twitter





     Online Services

Date Your Destiny
 
I'm a 28 year old woman looking to meet men between the ages of 40 and 80.
 

     More Services

     More Front Page Stories