The legacy of mismanagement at the Department of Justice under its erstwhile Director-General Adv. Menzi Simelane, continues to be reflected in its annual report. The Department has  once again received a qualified report from the Auditor-General. Adv Menzi Simelane was the accounting officer up until October 2009, making him responsible for more than half of that accounting year.

Simelane took the position of Director General of Justice in June 2005 and since that time the department has had back-to-back qualified audit opinions. This is the fifth qualified audit for the department in a row under Simelane's watch.

The Public Service Commission recently reported that the Department of Justice was the worst offender in terms of the number of cases of financial misconduct during 2008/2009, which was well into Simelane's tenure as DG. Of the 260 total national cases, 121 related to the Department of Justice, and amounted to R31 million. Only R500,000 was ever recovered.

It is worrying that  the National Prosecuting Authority (NPA) which for the entire period which was the subject of Dr Frene Ginwala's Enquiry into the fitness of Adv Vusi Pikoli to hold the office of National Director of Public Prosecutions received unqualified audit reports (paragraph 136 Ginwala Report), now has a qualified audit under Adv Simelane's leadership (he was appointed as National Director of Public Prosecutions in October 2009).  Given the track record of his leadership at Justice, it is difficult not to reach the conclusion that Adv. Simelane is seemingly incapable of implementing good governing practices as an administrative head, no matter where he seems to be ‘deployed.' It is no argument to say that not he, but the NPA CEO is the administrative head, given Adv Simelane's attempts at the wholesale restructuring of the NPA, including its corporate services. The DA has revealed these attempts during this year.

And it is galling to recall that his interpretation of his powers as Justice DG over the NDPP was the source of the difficulties between himself and Adv. Pikoli, of the difficulties between Minister Mabandla and Adv. Pikoli, and the source of his "reckless conduct" (Ginwala Report) in drafting the notorious letter of 18 September 2007 in which the Minister tired to stop Adv. Pikoli preferring charges against National Commissioner of Police Selebi. He stuck to this interpretation notwithstanding the fact that he had taken private legal opinion on his powers as DG, and deliberately withheld that opinion until it was flushed out during the Enquiry.

His subsequent appointment in the position from  which Adv. Pikoli was removed is the subject of the DA's high court application for review.

Statement issued by Dene Smuts, MP, Democratic Alliance shadow minister of justice and constitutional development, February 23 2010

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