On 25 November 2009 President Zuma announced the appointment of Adv. Menzi Simelane as the National Director for Public Prosecutions with effect from 1 December 2009.
The PSAM regards this decision as ill conceived, prejudicial to the integrity of the National Prosecuting Authority (NPA) and the rule of law.
The President's decision was made despite damning findings having been made against Adv. Simelane by the Ginwala Commission of Inquiry.
Interim President Kgalema Motlanthe raised the Commission's damning findings against Adv. Simelane with the Minister of Justice and requested that due process be followed. In response, then Justice Minister, Mr. Enver Surty issued the following press release on 9 December 2008:
The Ginwala Inquiry has made certain findings in relation to the conduct of Advocate Menzi Simelane, the Director-General of the Department of Justice and Constitutional Development Constitution. The Inquiry found that the conduct was highly irregular. The Inquiry further expressed concerns about contradictions in his evidence which are not based on fact or law. The President has referred this aspect to us to follow due process.
I regard these findings as very serious in light of the Constitutional imperatives contained in Section 195, which include a high standard of professional ethics, accountability and transparency. I am therefore of the view that the Public Service Commission is best placed to deal with this issue both in terms of content and context. This will enable a thorough investigation to take place. We will be asking the Public Service Commission to deal with this matter urgently.
... Once the inquiry into the allegations against the Director-General is finalised, we will be in a position to make the appropriate recommendations to the President.
In announcing the appointment of Adv. Simelane, the President explained that:
"the Minister of Justice and Constitutional Development, Mr Jeff Radebe interacted with the Public Service Commission on matters relating to Advocate Simelane, raised by the Ginwala Commission, and decided not to proceed with disciplinary hearings against Adv Simelane."
The public has not been provided with a copy of the Public Service Commission (PSC) findings into Mr. Simelane's conduct, nor has Minister Radebe provided a thorough explanation of his interactions with the PSC on this issue.
Should the PSC be unwilling to release its findings to the public, the PSAM will use the Promotion of Access to Information Act to obtain access to these findings in the public interest.
Statement issued by Jay Kruuse, Public Service Accountability Monitor, Centre for Social Accountability, Rhodes University, November 27 2009
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