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Minister Jeff Radebe Picture: Dumisani Sibeko
The ruling by the Supreme Court of Appeal that the appointment of Menzi Simelane as National Director of Public Prosecutions (NDPP) was unconstitutional and invalid has raised questions about Justice Minister Jeff Radebe’s role in the appointment, as well as his competency in managing the justice portfolio.
Judge Mahomed Navsa’s decision has been widely viewed as nothing short of a national embarrassment.
But while President Jacob Zuma may have made the final decision, the submission by the president and Radebe to the court indicates that Radebe had an overwhelming influence over Zuma’s decisions, which political analyst Prince Mashele said showed that the minister was incompetent.
Political analyst Adam Habib said Radebe had been the weakest minister of justice ever. “His behaviour towards judicial matters has (resulted) in the weakening of the justice system. He is the weakest minister we have ever had post-1994,” said Habib.
He cited Radebe’s attitude and comments regarding the Judicial Service Commission’s interviews with candidates for the position of chief justice, his attitude towards former prosecutions boss Vusi Pikoli and the advice he has given Zuma over the past years regarding crucial national decisions. These, he said, cast aspersions over the minister’s capabilities.
Professor Pierre de Vos described Radebe’s reading of the constitution as “adventurous”.
Radebe said, for example, that the robust debate that accompanied the appointment of Mogoeng Mogoeng as Chief Justice was an affront to and called into question the president’s judgment.
Regarding the invalid appointment of Simelane, Radebe said in his submission to the SCA that when Zuma asked to speak to him about his view that Simelane was the right person to appoint to the position of NDPP, “he indicated that though he had firm views on appointing Simelane, he wished to obtain an opinion from me”.
“[I], as Minister of Justice and Constitutional Development, gave advice in the form of a full briefing to the president on the appointment of Simelane to the position of Deputy NDPP,” Radebe said.
“In November 2009 when the president sought to appoint Simelane as NDPP, I once again gave him my views on Simelane’s eligibility and told him that I supported his choice of Simelane as NDPP. I stand by the views expressed to the president at the time,” Radebe said in his affidavit.
Habib said that for Radebe to “say he simply fulfilled his duty” was unacceptable as “we know the president’s decision-making has become questionable – especially pertaining to the judiciary and the security cluster, (but) Radebe had to have had the courage to say that he wasn’t the right man for the job.”
On the Ginwala report which called into question Simelane’s competency, Radebe said in his affidavit that Zuma had “specifically sought his views on the finding and recommendations”.
He had studied the Ginwala report to familiarise himself with “the intricacies of the relationship between the national prosecuting authority and my office, and the manner in which the discharge of our separate and collective constitutional obligations were tabled in Parliament”.
Ginwala described Simelane’s conduct during the inquiry as having “left much to be desired”.
- Sunday Tribune
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Britin SA, wrote
@WiseDarkie well said. I only want to see good governance & I am not interested what part of the ethnic spectrum the politco was born into. What is truly distressing about SA politics is that the people do not hold their government accountable - else they would not continue to vote for a party that appears incapable of dealing with corruption, gross incompetence or promoting smart and idealistic individuals to position of power. I've seen outstanding black people on TV who would clearly take SA far - but unless they belong to the politically connected - we will never see them working hard for SA's future.
Psy, wrote
WiseDarkie, wrote
@Dave... You are not entirely correct... see the note by Anonymous at 09:05. However, do appreciate that the ANC have to prove themselves competent & on a repetetive and predictable basis. They need to appreciate that they are not running a "SPAZA SHOP" but one of Africa's largest economies. Time for nostalgia & romanticism over their struggle credentials is long gone. This is where the "rubber is hitting the road" and it is time to deliver.
Lee, wrote
Lionel, wrote
Headline should read, 'Radebe, The Weakest of a Weak Bunch of Ministers'. When Zuma appoints buddy-buddy struggle conrades into ministerial positions, this is what you get.
Dave , wrote
Some people still harbour wishes of the return of white minority rule. The persistent questioning of ANC people's competence is based on hatred and not on logic. BTW: Its only the ANC that appoints doctors as Health MEC's or Health Minister. The NDPP is a former Justice DG appointed by fmr pres Mbeki, former Competition Commissioner. Adv Simelane is a capable individual. The Ginwala Commission was not investigating his suitability for office, and he was not afforded an opportunity to clear his name or respond to the scurrilous allegations by the Report's findings in which he was never the subject. Ginwala is not a lawyer, not a judge, and certainly not a mind reader. The reliance by this SCA judge on the report is questionable.
badballie, wrote
Any good work to come out of the government is completely negated by the fact that corruption and ineptitude are the ANC calling cards. Time to get rid of these leeches and replace them with a proper Democratic government
democrat, wrote
These are serious questions and it is good that they've been raised in the aftermath of the Simelane judgment. Radebe is not the right person for the job.
Anonymous, wrote
Gav CT you are wrong there are people like Trevor Manuel,Pravin Gordhan,Blade nzimande,naledi Pandor etc who are doing excellent jobs. Be Objective and tell the truth.People like Rob Davies, martinus Van Schalkwyk do you know them?
Gav CT, wrote
What a joke.....show me an ANC minister that IS actually competent in his job??? The whole lot are useless and nothing more than a financial drain on the country. Poor education, no formal training and over developed ego's are the order of the day. Lets face it....when the president hasn't even been to school its pretty much all down hill from there....
ceebee, wrote
He is just another ANC BEE puppet. Why do they even pay his huge salary, what a waste of money (ANC style).
Anonymous, wrote
Jeff Radebe is one of many too many. Don't worry, the ANC has got plenty cadres to deploy, even for pension's sake. The cue is long and friends aplenty.
bua, wrote
Every thoughtful government will appointed leaders based on their expertise and not just political connectedness. The Minister has remarkably demonstrated his incapacity to understand legal matters and how law functions. Please with due respect, do the honourable thing and step down to allow South Africa the ability to reinvent itself.
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