President Jacob Zuma has a wide – but not unlimited – discretion to appoint the National Director of Public Prosecutions (NDPP). By purporting to appoint Adv Menzi Simelane as NDPP, President Zuma acted unlawfully because Simelane clearly does not meet the requirements for the job as stipulated by the National Prosecuting Authority (NPA) Act.
The Constitution requires that the NDPP must be appropriately qualified and the NPA Act defines “appropriate qualification” as somebody who is: (i) a South Africa citizen; (ii) possesses legal qualifications that would entitle him or her to practice in all Courts in the Republic; and (iii) must be a fit and proper person, with due regard to his or her experience, conscientiousness and integrity to be entrusted with the responsibilities of the office concerned.
As the Ginwala Inquiry made clear:
What the Act also envisages is that the incumbent must be a person of experience, integrity and conscientiousness to be entrusted with the responsibilities of the office of the NDPP…. The notion of integrity is one that does not attract much debate in this case. The notion relates to the character of a person – honesty, reliability, truthfulness and uprightness.
Unfortunately, we know from the Report of the Ginwala Inquiry that Simelane is not honest. Neither is he reliable, nor does he possess the necessary truthfulness and uprightness required by the Act. His appointment is therefore not legally valid as he does not meet the MINIMUM requirements for the job.
Simelane was the main witness of the government during the Inquiry but he showed himself to be a liar with a lack of understanding of his job and a willingness to mislead the Inquiry to achieve specific, politically required, ends.
The Ginwala Inquiry found that Simelane had misled the Inquiry by hiding from it the fact that he had obtained a legal opinion which contradicted his own views on the nature of the relationship between the Department of Justice and the NDPP. He only conceded that there was indeed such a legal opinion when he was confronted with this fact by Adv Wim Trengrove during cross examination. Ginwala states:
The DG: Justice had an incorrect understanding of his accounting responsibilities under the PFMA, despite being in possession of legal opinions from senior counsel explaining the ambit of his responsibilities. He allowed the Minister to continue with an incorrect understanding of the responsibilities of the NDPP.
Simelane had also drafted a letter – later signed by then Justice Minister, Brigitte Mbandla – which instructed Pikoli not to proceed with the arrest of Jackie Selebi. This instruction was clearly illegal and constituted a criminal offense in terms of the NPA Act. As Ginwala tactfully put it:
the conduct of the DG: Justice in drafting the document in the manner it reads was reckless to say the least. The DG: Justice should have been acutely aware of the constitutional protection afforded to the NPA to conduct its work without fear, favour or prejudice. The contents of the letter were tantamount to executive interference with the prosecutorial independence of the NPA, which is recognised as a serious offence in the Act…..
Ginwala also found that Simelane was not a man of honesty and integrity as he had made statements that were false and presented legal positions that were untenable:
I must express my displeasure at the conduct of the DG: Justice in the preparation of Government’s submissions and in his oral testimony which I found in many respects to be inaccurate or without any basis in fact and law. He was forced to concede during cross-examination that the allegations he made against Adv Pikoli were without foundation.
In the light of the above it is very difficult to sustain the fiction that Simelane is even remotely a person who could be called “fit and proper”. He is not honest. He is not reliable. He is not truthful. What counts in Simelane’s favour is that his view of the NPA – not shared by Ginwala, senior counsel or by any person who has read the Act and the Constitution – is that the NPA is not independent, that the NPA should take instructions from the Minister of Justice and the President – even in making decisions on individual cases – and hence that the NPA is a tool in the hands of the government to do with it as it pleases.
No wonder President Zuma purported to appoint him. With Simelane at the helm, no one will ever again be prosecuted if the President and the Minister does not give the go-ahead. If this appointment is allowed to stand, it will bring an end to even the pretense that the constitutional guarantee that the NDPP must act without fear, favour or prejudice, will be adhered to.
This is the darkest and most scandalous day yet in the short life of President Zuma’s tenure. The appointment shows an utter disregard for the Constitution and the law. It is nothing more than the actions of a gangster hell bent on protecting himself and his cronies. I feel ashamed that I have given our President the benefit of the doubt for all these months.
I cannot take this appointment seriously. And the powers that be don’t take crime seriously, this much is clear to me. Our constitutional judgements are read the world over, now this moegoe is is kicked up the hierarchy to head the NDPP! What a joke!
Your last paragraph sums up my thoughts; Shabir, Mo, economic policy, SARB policy, now Simeline = no justice if your a cadre. Guess who is really stacking the deck? I suggest that the mines are soon to be nationalised.
This is a disgrace. Jacob Zuma has shown once again that he is not fit to be President. What will be next? Probably Julius Malema appointed to the cabinet.
The current ANC regime (as opposed to the ancien regime) has no sense of irony, and does not believe that God exists (despite all of their hobnobbing with some religious types).
The “problem” with the previous ANC regime was that they interfered with the independence of the NPA, protecting Selebi (or trying to), and prosecuting Zuma.
And so the very instrument of that political interference is now the man chosen by President Zuma to be the NDPP.
As for the God part (I know that we will all have different views on this, but my point stands – we will just all attach different importance to the conclusions reached), Galatians 6:7 says, “Do not be deceived; God cannot be mocked. A man reaps what he sows.” President Zuma and his associates clearly do not believe this to be true.
An utter outrage…
“A man reaps what he sows.”
You do not have to believe in God to know this to be true, you just need common sense.
President Zuma and his associates clearly do not believe this to be true.
Obviously to menials like the bloggers on this site, this appointment defies logic.
I think the questions should be, what does the president know that menials do not know? The argument that Simelane was appointed because he ‘does not believe the NPA is independent’, really does not hold water. He is not the only person who may have that point of view.
Khosi – do you have any ideas? – throw the menials some crumbs to light a way out of their depression.
Some crumbs from BD –
After Ginwala’s report, the Public Service Commission (PSC) was asked to investigate her complaints about Simelane. Former president Kgalema Motlanthe said at the time that once the honesty of a director- general had been questioned, it needed to be investigated.
But former justice minister Enver Surty defended Simelane, saying he had found him to be “extremely hard working, very committed and passionate about his work”.
Many saw the lambasting Simelane received as his taking the fall for his political bosses — Mabandla and former president Thabo Mbeki .
A justice official told Business Day that, as justice director-general, Simelane had been “very hands-on” and had a tendency to simply take over when he felt people were not getting the job done. This made him unpopular in some quarters, but he had also been responsible for getting the department’s books in order for the first time.
The official said Simelane processed and ensured the passing of a lot of legislation on the judiciary and had been responsible for the automation of the court system.
that is how life goes prof,when we voted zuma led anc to lead the country we gave him the mandate to appoint chief justice,cc judges,ministers and we have faith in him,zuma must not try to please his enemies by appointing press popular individuals, they were against the current chief justice , against mo schaik (because his brother is a convicted fraudster)despite the fact that them themselves are children of brutal apartheid inverters
kenneth says:
November 26, 2009 at 5:28 am
“zuma must not try to please his enemies by appointing press popular individuals”
Indeed.
I heard a snippet somewhere that Transnet needs a massive bailout – not much, just a short one-liner.
I wonder which “press popular individual” was heading Transnet, highest paid parastatal head at that, when all these losses accumulated – it was certainly not Siyabonga Gama.
The hypocrisy never ceases to amaze!
http://www.businessday.co.za/articles/Content.aspx?id=88111
I have that uneasy feeling I get when I realise that the joke is on me.
I knew Zuma was not fit to be president of the country, I knew he was most probably corrupt, and that he did not beleive in the independence of the judiciary…but I allowed myself to be misled by his charm, his carefully thought out appointments of competent CC judges, his Aids policy, all his talk…as the months went by I allowed myself to think that maybe I was wrong, maybe he will be a fine president…..then BANG!!!
He shows himself to be the corrupt, self serving, slimy gangster he always has been.
Rest is peace independent NPA.
One can only wonder what’s next.
Be afraid. Be very afraid.
Prof, you have got the point. It would have been VERY MUCH better if Simelane was appointed ONLY if he successfully cleared his name from the said allegations. Now, there will always be a piece of cloud hanging over his head during his tenure. But because Simelane is a Mbeki man, let us hope that this will in a way negate the perceptions of bias on his (Simelane) part. I am not saying this is the best measure we can think of but what can we do when we do not have control over this process.
The way the ANC cynically cherry-picked from the Report of the Ginwala Inquiry to further their own policital ends makes me shudder. Here comes that old knee-jerk reaction from me again: maybe I should really seriously think of applying for that British ancestral passport…
JMB says:
November 26, 2009 at 7:20 am
“maybe I should really seriously think of applying for that British ancestral passport…”
Even though Blair misled them over the Iraq war?
http://www.guardian.co.uk/politics/2009/nov/22/iraq-invasion-no10-cover-up
One giant leap in the dismantling of our Democracy.
Man I do feel for you guys
I bet Mpshe feels rather stupid now.
Im just so dissapointed in Pikoli what a let down man this guy was the perfect bulldog to be a real hero of this country but he sold South Africa out.
I dont see any difference between Zuma and Uncle Bob, both abusing there powers
just one last comment
so much for “The Peoples Person” and so much for “The Peoples Lawyers”
Ladies and Gentlemen!! Welcome to the biggest and best Circus that the Republic of South Africa has ever put on the road since 1994! Let me introduce you to the Ringmaster, the honourable, nay, the ignominous President of the Republic of South Africa, Mr Jacob Zuma!!! Your clowns today will be the notorious Minister of Justice and Constitutional Development, mr Jeff Radebe and, his erstwhile Director-General, now National Director of Public Prosecutions, Mr Menzi Simelane!!! Enjoy the entertainment!!
Circus starts with Queen singing: “Is this the real life? Is this just fantasy? Caught in a landslide, no escape from reality?! …”
Yes – fact is stranger than fiction – Foh Sho!
Typo – There’s an “i” short in “ignonimious” above – but I could just as well have used “ignoble”, “ignorant”, “iguana” etc more or less from the same page in the dictionary (or even “slime-ball”) to describe the man concerned.
LOl anonymouse
Mr Zuma this is not Ayoba!!!!!!!!!!!!!!!! not cool dude
I HAVE BEEN THINKING FOR A WHILE,WHAT IT WILL TAKE TO REMOVE ZUMA’S APPOINTEES,CONSIDERING HOW DIFFICULT IT WAS TO GET RID OF PIKOLI,EVEN IF ANC LOOSES MAJORITY NEXT ELECTION WE WILL BE STUCK WITH THIS GUYS, TH SOONER WE ACCEPT THEM THE BETTER,
ZUMA COULD NOT EVEN REMOVE THE JUDGES WHO RULED AGAINST HIM IN THE CASE WITH NPA IN CC AND SUBSEQUENT ALLEGED FAMOUS HLOPHE INTERFERENCE. SO ZUMA IS STUCK WITH MOSENEKE AND THE COMPANY.WHETHER WE LIKEIT OR NOT ZUMA’S NEW APPOINTMENTS ARE HERE TO STAY EVEN LONG AFTER HE LEFT THE OFFICE.
Pierre, do you feel good when most of your regular members hurl insults to the black masses who vote the ANC as uneducated? As much as there’s freedom of speech, it comes with responsibility. Reading comments from people like Chris equating our president to Mr. Mugabe angers me. These comments lead many black people to hate white people as generally are the ones making such.
We have our weaknesses as a country, but to equate us to the level of a banana republic because you hate the party and its supporters, only hardens feelings of resentment against one another.
Maybe, you should write more articles that a meant to stimulate positive thinking as you did a few weeks ago.
I’m sickened by SA hypocrites
I agree that this is a Bad Thing (TM), but the question is, who is going to do what about it?
We live by majority rule. If the majority feel it’s the king’s right to do things this way, then that’s the way it is.
Are we western, or are we African? The jury is still out.
@Musa
Well enlighten me how there is no diffrence between bob and Zuma and infact even Mbeki, apart from the one is brutal, however both are and have turned seperation of powers into partisan powers.
and yeh you should be angry, your judiciary is one of the most important instruments but focus your anger towards your government.
kenneth says:
November 26, 2009 at 9:24 am
“EVEN IF ANC LOOSES MAJORITY NEXT ELECTION WE WILL BE STUCK WITH THIS GUYS, TH SOONER WE ACCEPT THEM THE BETTER,”
The going rate (P/I) is around R7.5 million + expenses!
@Peter,
I am the smallest menial of all.
Musa says:
November 26, 2009 at 9:28 am
Well Musa, you were of course referring to the comment by Chris McDaniel. He said it, I was thinking it long before I read his post. Remember how Mugabe started as President of Zimbabwe, everyone was optimistic at first and then things started to deteriorate over there? Unfortunately all indications are that Zuma is on his way to becoming the new Mugabe.
Maybe MS has the paper qualifications but he’s so tainted the DPP has to lose even more credibility than it has already since Mbeki and Zuma started using and abusing it. So much for the anti corruption talk Zuma has been uttering.
Chris, i do focus my anger to certain elements within goverment. However, my anger is more constructive in finding solutions. I direct my anger to relevent institutions and not in the public arena. Inciting hate is not the solution as you often do. Unfortunately for you, we and many South Africans respect the our leaders and will not equate it to people like Hitler.
Maybe focus your energies on what’s happening in the US than continue to talk negatively about our country without providing positive solutions.
A minority hate Pres Mbeki like you do. However, for many like me who support the many initiatives that Pres Mbeki did. We acknowledge a lot of good he did including the errous he made. We love him as one of our democratic past presidents. We as a nation of South Africa have learnt from past errors and acting to rectify and improve going forward. This is our only home
In all this, we must acknowledge that there are many who serve their on interest. This is not only applicable within the ANC led goverment, but in all spheres including opposition, media and the judiciary.
South Africa is not perfect.
@Khosi – aaah, that fine humility makes you a Lord of blog commenters!
Musa says:
November 26, 2009 at 10:44 am
Musa im not talking negativly about your country im talking negativly about your presidents appointment.
With all due respect im sure you had a mouth full for our ex president?? but im sure you didnt say anything negative about our country. well its the same thing here.
You ahve to agree this appointment is extremely dangerous. I dont understand you can think positivly about something like this, maybe this shows you the passion i feel for your country?? ever thought of that?
I dont know how a positive solution can come from this?
But im still yet to hear your solutions – so lets put the the knifes away and engage me, how u dont see the difference between bob and Zuma becuase your government is setting up partisans.
Do you not love your judiciary?
instead of getting offended by my observations firstly dig deep with in yourself and find out why i think theres a problem here?? instead of having the attutide i should go back to where i came from?
what is your solution? please this is a debate i would love to hear it
This is a really interesting development.
I think this is what happened behind the scenes:
Zuma consulted his lawyers about the DA’s pending legal challenge to the NPA dropping the charges against him and they advised him it seems quite likely that a court would order the charges to be reinstated against him. So his next chess move was to get “his man” in place at the helm of the NPA urgently, hence the sudden settlement with Pikoli.
What a sad sad day for the rule of law in South Africa.
Prof, you mention in your post that the appointment is technically legally invalid; you don’t suppose this can be challenged in a court with the Ginwala inquiry’s findings as argument?
Without deliberating on the veracity of your conclusions, Pierre, would you kindly clarify my confusion: To the best f my recollection, you have previously questioned the veracity of the Ginwala Commission (or portions thereof) with regard specifically to its two-week-one-week exoneration of Former-President Mbeki. Notwithstanding your very vocal rejection of its findings in that regard, you rely on the very (apparently flawed) Ginwala Report to, firstly, cast aspersions on Simelani and, secondly, argue against his appointment. Are you suggesting that the Report was flawed, to the extent that it was not supportive of your views, and is correct, to the extent that it supports your views? Further, and in contradiction of some of your posts, you seem to suggest that Mabandla (and therefore Mbeki) acted in the manner that they did because Simelani withheld a legal opinion that opined contrary to the Department’s views of prosecutorial independence (i.e. Mabandla and/or Mbeki therefore laboured under a misunderstanding of the correct legal position). Now if my interpretation is correct, you were being disingenuous (or plain dishonest) to accuse Mbeki and /or Mabandla of bad intents with regard to Pikoli’s suspension! Please clarify.
How about this?
Zuma’s candidacy and presidency has been under attack by DA, Tutu, ID and others with legal challenges that intend to drag him to court and ultimately jail. Who would roll back and allow his/her opponents to finish him off?
Is it not about time for DA and others to realise that their initiatives may actually achieve the opposite with a huge cost to all of us. JZ has appointed Justice MP’s under Ramathlodi, Chief Justice, Minister Of Justice, Chief Of Police, Minister of Police, NIA head, NPA head and the list is endless. Which of these individuals/institutions are they intending to use to get at him?
I once said on these bolgs that the Zuma case was and is not in the best interest of the country. Those who wanted to finish him off must just realise that the train has left the station.
Opposition parties can do a lot more by showing the ANC how to run a municipality or Province rather than barking at the ANC.
Gwebecimele, I agree with you 100%!!!!
Gwebecimele says:
November 26, 2009 at 11:47 am
Indeed.
Most of his decisions will be under attack.
Note the “most” – his appointment of the Reserve Bank Governor was not.
I am not thrilled by Simelane, but that is the President’s call to make.
We elected him to govern, not be micromanaged – if he does dismally then we don’t re-elect him.
@Maggs: Well, I did say “knee-jerk reaction” The circuit by-passed the cerebrum…
Vuyo, see the latest post above. I think it answers your question. If anything I believe Ginwala was far too kind to Semelane in her Report. But to paraphrase Shakira the transcripts dont lie.
George Gildenhuys says:
November 26, 2009 at 11:32 am
Simelane appointment poses a constitutional crises
Oppostions can take this directly to the constitutional court
bases upon that Parliament or the President has failed to fulfil a constitutional obligation.
National legislation or the rules of the Constitutional Court must allow a person, when it is in the interests of justice and with leave of the Constitutional Court-
to bring a matter directly to the Constitutional Court; or
to appeal directly to the Constitutional Court from any other court.
There is enough grounds to show Simelane appointment is not in the interest of Justice.
One can go as far as saying that the NPA act is unconstitutional as it does not allow for consultation
The power to appoint was given to the head of the executive, on the understanding that he should respect the rule of law and uphold the separation of powers which can only be done through a proper consultation process.
However the argument comes into play is that Zuma’s appointment of a NDPP is an act of sovereignty and can not full under the jurisdiction of the court
Thanks Pierre for the transcripts. I therefore presume that it is your view that Mabandla and/or Mbeki’s “outrageous” views about prosecutorial independence were a product of the disingenuous and dishonest Simelani (who, as the accounting officer for governments justice function should have given them proper advise?) and that accordingly the conduct of Mandandla and/or Mbeki was not malevolent (?). Thanks for the insight.
@ Pierre.
How bad can this be?
Some well connected corrupt people/criminals may not get prosecuted – that was happening in our democracy since inception anyway, so pretty much same ol’ same ol’.
I must admit though that I am disappointed that the ANC is unable to deploy some of its best people to important posts – the impression that is being created is that there is a very small (and diminishing) pool of talented people in its ranks.
It’s no wonder that Malema has become the voice of the ANC!
Vuyo, I wish I had inside knowledge of what happened from the moment Mbeki decided to suspend Pikoli because he wanted to arrest Selebi until Pikoli was fired. Unfortunately I do not. I would suggest it is reasonable to assume that Simelane was not acting on his own. He was defending and trying to justify the decision of the then President. We do know that Mbeki – for whatever reason – had the same outrageous view on the independence of the NPA, that he suspended Pikoli and advanced reasons for this suspension which turned out not to be the real reasons for the suspension. (At the time Mbeki’s office denied the suspension had anything to do with the arrest of Selebi – a claim which proved to be untrue once the Ginwala Inquiry got underway and in effect was confirmed to have been untrue by Mbeki himself in an affidavit submitted in the Pikoli case.) Simelane could therefore be seen as the fall guy, but the fact that he was prepared to lie and mislead to please his political bosses seems to me deeply troubling and makes him singularly unfit to be NPA head. Have we not learnt anything from the past? President Zuma and his supporters complained bitterly that the NPA was abused to get at Zuma. Now Zuma has appointed someone who has shown a willingness to follow political instructions and even to lie and mislead in order to do so. How can we rebuild the credibility of the NPA with him at the helm?
JMB says:
November 26, 2009 at 12:09 pm
“Well, I did say ‘knee-jerk reaction’ The circuit by-passed the cerebrum…”
That only got out cos Blair was eying the post of President of the EU!
Maggs Naidu
November 26, 2009 at 12:09 pm
Maggs why are you toying with these people’s emotions?
You know damn well he’s not going to step down that easily.
Many comments here suggest that one should not make a song and dance about it because the President has made a decision and we cannot do anything about it. But in a constitutional state under the Rule of Law, it is important that people make a song and dance when its leaders flagrantly flout the law. Even if nothing comes of it, it seems to me patriotic and responsible citizens have a duty to speak up, because silence is equal to endorsement of the unlawful behaviour. Today the unlawful behaviour might not seem to directly affect you, but when it does affect you, it may be too late to do anything. When do we start making a noise? When my sister is shot by rogue police officers and then protected from prosecution by the NDPP? When a Minister removes me from a housing list because I voted for another party? When the President orders that I be tortured for criticising him? When a politician orders the state to spy on me because I am challenging him for leadership of the party? When do we speak up? Many Afrikaners came to realise thatt apartheid was wrong but because they were loyal Afrikaners they never criticised the NP government and their fellow Afrikaners. Today those who remained silent are harshly judged by history. How will we be judged by history?
Hi,
De Vos, im perplexed how you have reached the conclusin that Simelane is not fit and proper as per the NPA ACT and that his appointment is unlawful!???
i don have time to scribe you a whole essay, and since im a former student of yours, i will spare you the chance to redeem your self by admiting that you are incorrect in this finding!
HINT: Court of Law!!! Commission of Inquiry making recommendations that might ultimately [and esp in this case not followed] not followed by the president in making “his” decision!!!
It is unfortunate that your article has been published already and you have now contributed to dismal interpretation of the LAW!!!!
Farrel Fox, I assume that what you want to say is that because a court of law has not found that Simelane is dishonest, untrustworthy and untruthful, but rather, that only an Inquiry found this, means that one cannot say that Simelane is not fit and proper. If your logic is to be followed, it would be impossible for me to state that the sun rises in the East and sets in the West, because no court has pronounced on this matter. It would also be impossible to tell a child not to put his hand in the fire because it will burn him because no court of law has made a finding that fire will burn you. A fact does not cease to be a fact merely because it was not confirmed by a court of law. If you really believed what you wrote above, it would be impossible for you to negotiate day to day life, so I assume you were just joking.
ThembaM says:
November 26, 2009 at 14:01 pm
Hey Themba – great to see you too.
Eish man.
I think that this was not a sensible appointment by any means.
But as our constitution goes, it’s the prerogative of the President.
The last President appointed a Premier who thought that it is ok for politicians to lie.
Zuma appoints a NDPP who lies to a commission under oath, I presume.
Pierre seems to think that this appointment can be challenged – let’s see what happens.
ThembaM says:
November 26, 2009 at 14:01 pm
Re Zuma’s re-election.
Of course he will be re-elected.
And I will campaign and vote for another Zuma led admin unless something develops to change my mind – that however does not mean that I approve of this and similar matters as you will see from my earlier comments.
Those who think differently can campaign accordingly – if you guys win so be it.
@Maggs Naidu says:
November 26, 2009 at 7:23 am
“Even though Blair misled them over the Iraq war?”
Does this therefore imply that one should not stay in SA either, give the misleading statements made by Mbeki T on AIDS and crime, and Zuma J on the creation of 500000 jobs by end on 2009?
@ Justice.
Interesting thought – but there isn’t a connection.
Read JMB’s earlier comment.
@ Maggs
“We elected [Zuma] to govern, not be micromanaged – if he does dismally then we don’t re-elect him.”
Maggs is right.
AS both Pierre and Maggs himself have pointed out, the electorate is not stupid. The voters will definitely eject the ANC from power in the next election if it makes such appointments!
Even as we speak, tens of millions of ordinary people across SA (who all followed the commission very closely), are feeling bitter outrage at the Simelane appointment.
Musa says:
November 26, 2009 at 9:28 am
“… . Reading comments from people like Chris equating our president to Mr. Mugabe angers me. …”
Yes, I agree how could he insult Mugabe like that.
Mikhail Dworkin Fassbinder says:
November 26, 2009 at 15:48 pm
AS both Pierre and Maggs himself have pointed out, the electorate is not stupid. The voters will definitely eject the ANC from power in the next election if it makes such appointments!
———————————————————————————————————–
Hey Dworky,
As small change to your interpretation of my view.
“The voters will definitely eject the ANC from power in the next election if the opposition parties can impress!”
Otherwise you’re spot on. As usual!
Maggs Naidu says:
November 26, 2009 at 15:41 pm
Only applies if one has knees and a cerebum
Maggs Naidu says:
November 26, 2009 at 15:17 pm
“Of course he will be re-elected.
And I will campaign and vote for another Zuma led admin unless something develops to change my mind – that however does not mean that I approve of this and similar matters as you will see from my earlier comments.”
Maggs, you disappoint me. That you voted for him the first time I can understand, at a stretch, but a second time??!!!
Hi
Pierre De Vos says:
November 26, 2009 at 14:34 pm
i tend to disagree with you on that…youe article published in the tabloids clearly said “Simelane’s appointment is unlawful”.
Now i fail to understand your argument about a baby and stove and how it relates to Simelane giving bad evidence in an Inquiry. Further, how that relates to him doing his daily duties as a DG. as far as im concerned, he was pronounced to have given poor/incorrect evidence with no basis in law in an Inquiry…not that he couldnt do his day to day duties properly, which is what you imply from your article!!
further, this is a man who led the competition commission to many successes in the period he was at the helm…im not a fan of Simelane, however it is incorrect, if not injustice in itself, to use your platform to discredit someone who can clearly walk the walk!!
please clarify how he cannot be fit and proper in terms of the NPA ACT!! if i understand your argument correctly, you are saying a director of a listed company who contravenes the King Code rules {not Law btw but accepted standard practice} and receives share options in that company although he is a Non-exec (hint hint: Dr/Prof King the drafter of the codes), is not Fit and Proper to be a director of a public company as per the Companies Act??? I also understand you to mean that, A judge who breaches the Speed Limit by a more than 60kph… is not fit and proper to be a judge (e.g. that Judge in George), i also undertand you to mean, Simelane being kicked out of a High School Board of Governors beacuse he failed to attend three sittings…he is then not fit and proper!
im sure this is not what the NPA ACT had in mind…therefore your words are incorrect Dear Sir!
one last thing…i further understand you say that…”In your opinion…Simelane is not fir and proper and therefore his appointment is unlawful”.
because Ginwala didnt say this.
Tatera says:
November 26, 2009 at 17:50 pm
The choice for me is between voting for the ANC and not voting.
I find the other parties dull – they are not going to get my vote or that of those who I am able to influence because the ANC is f…ing up.
Political parties have failed to inspire in spite of all the space that the ANC has created for them, until that changes they will remain on the fringes.
Be that as it may, I am extremely worried about this particular action of President Zuma – choosing someone who has no regard for the constitution is something that I would have expected from Mugabe or Bush, not Zuma.
“I feel ashamed that I have given our President the benefit of the doubt for all these months.”
Entirely predictable and on time.
Prof, I shall try not to judge your teaching abilities by the cr@p written by your ex student Farrell , but rather the content of you blog . I agree , but maybe the word “gangster” was a bit harsh . I share your anger and frustration at our very unworthy but charming President ,who is destoying what is left of our Criminal Justice System whilst not missing a dignified beat. As for the electorate not being stupid , was George Bush not elected for a second term?
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