What can be done about Menzi Simelane, the National Director of Public Prosecutions (NDPP) who seems to be ”restructuring” the NPA into a big mess? Mr Simelane seems to have a rather unique management style: he seems to have a sharp eye for identifying all the individuals and units doing their jobs properly, then he removes them from their jobs. If I was more of a conspiracy theorist I would have been wondering whether he is being paid off by criminals to ensure the destruction of the NPA and the criminal justice system.
At the rate Simelane is proceeding, he will have made sure that the NPA is completely useless by the time he is finally fired, or falls on his sword or is removed by the Courts because he is not a fit and proper person (having lied to an Inquiry and having displayed a shocking lack of knowledge and understanding of, and respect for, the Constitution and the jurisprudence of the Constitutional Court).
After indulging in what seems to have been several unfair labour practices (by unilaterally changing the job description of top prosecutors), he has now completed the “restructuring” of the Specialised Commercial Crimes Unit (SCCU) by sidelining its head Chris Jordaan. Reports say the unit has in effect been disbanded. The SCCU has always had a conviction rate of above 90% – unlike other units of the NPA with a far less successful record - so why it needed to be “restructured” is anyone’s guess. In any case, this must be good news for white collar criminals, whether they are private sector tenderpreneurs or other cronies of the mighty and influential.
All this happened despite assurances to the contrary from Justice Minister Jeff Radebe. After Simelane announced this brilliant new scheme to improve efficiency, he was told by Radebe in a meeting on 29 April to put on hold the restructuring of the SCCU and three other specialised units within the NPA. But news reports suggest that Jordaan had left his office and been moved to the NPA head office in Pretoria. The staff of the SCCU had also been assigned to provincial directorates of prosecution and the unit, with its success rate of 93.7% at last count, was no longer functioning in its original capacity.
This will all be sold as part of the transformation of the NPA, but I am rather suspicious that this is the real reason for the decimation of the NPA. Given Simelane’s history and his demonstratble lack of honesty and commitment to the Constitution, I fear the worst. Even if this rather peculiar “restructuring by demolition” is part of a much needed transformation plan, he is sure as hell going about it in exactly the wrong way – as the Minister of Justice has acknowledged.
In all of this, what remains rather comical is the clamouring of the Democratic Alliance (DA) that Minister Jeff Radebe should intervene to stop Simelane from doing further damage to the already damaged NPA. The DA – correctly, I have previously argued – insisted that the NPA was independent and that it was required by the Constitution to act “without fear, favour or prejudice”. The DA had complained bitterly before about the perceived interference of the Minister of Justice with the work done by the NPA and with the decisions of the NDPP.
It is a bit rich then for the DA to insist that the Minister should intervene to stop Simelane from doing his job. What the DA is saying is that the NPA is only independent when it suits them – otherwise it should take instructions from the Minister. This cannot be. Simelane is obviously doing his job very badly, but if the NPA is independent – as the Constitutional Court confirmed and as the NPA Act makes clear – then the Minister cannot give instructions to Simelane on how to run the NPA.
Because the Minister has to take final responsibility for the NPA, he can request all the information about the planned restructuring of the NPA to appraise himself of what Simelane is up to and to explain this to his colleagues and to Parliament. He is also perfectly entitled to meet with Simelane and to discuss “various management challenges” (a wonderful South African phrase for a “cock-up”) with him. However, because the NPA is independent (after all the Constitutional Court said so) the Minister cannot give any instructions to Simelane on how to run the NPA. If he does, he would be interfering with the independence of the NPA as guaranteed by the Constitution.
Maybe Minister Radebe is now discovering to his consternation that the appointment of Simelane was not such a great idea. But President Zuma has appointed Simelane and we are now stuck with him for his full tenure - unless he fails so spectacularly to do his job that he becomes unfit for office, in which case he can be fired after the correct procedure prescribed in the NPA Act is followed.
These are unpalatable facts and one has to be principled to face up to them. Sadly the DA seems to be less than principled on this score.
Actually, the Minister, as head of the Security Cluster does have a clear oversight role in relation to structural chages to the NPA and therefore he is entitled and able to instruct Advocate Simelane to desist from implementing much needed structural and personnel changes in the NPA if it will impact upon the smooth functioning of Justice.
Otherwise what is the point of placing the NPA within the Department of Justice?
Independence does not mean isolation. Can the Minister not expect Advocate Simelane to account for the public funds given to the NPA, for example? A process is about to be embarked upon where all stakeholders will discuss the changes (which are needed) in ways that will not compromise the justice system. Butrest assured, there will be a shake up. This business of the NPA resembling a pint of Guinness with all the black people held down by a thin top layer of white will not persist.
Look past the man Simelane, you might find logic in his activities. Magic word is TRANSFORMATION.
Mpho says:
May 12, 2010 at 13:40 pm
“Butrest assured, there will be a shake up”
President Zuma and Minister Radebe must be thoroughly shaken up by the goings on at the NPA.
Transformation cares nothing about efficiency.
93.7% conviction rate is irrelevant if the department looks like “a pint of Guiness”
I agree that it is sad that the DA doesn’t have the principles to leave Simalena alone while he completes his transformation/destruction of the NPA.
Gwebecimele, ‘magic’ is the right word. Unfortunately, I don’t believe in magic. Most of us kind of gave up doing that before we turned ten. But there is the other kind of magic I do still believe in: prestidigitation. Sleight of hand can be really impressive, especially when performed by a master politician: decapitating living departments, putting scorpions into hats and pulling complete rabbits out in their stead. That kind of transformation I definitely believe in. I can see it happening before my eyes – no wool. And of course there is absolutely no logic to it. You have to suspend your disbelief. Did I say ‘suspend’? Shelve it, I meant … bury it. Transformation? Transformbollocks.
David, inherent in your concern is the notion that unless the white head exists, the conviction rate will drop. Do you have any proof to support such a notion? Are you aware that the black juniors often do all the leg work in relation to these trials, then the case is handed to a white staff member – or even worse, white counsel is briefed – and it then seems as though the white employees/Bar members are the clever ones.
Rather than complain about the change when it happens, please report in a few months time with an update on the conviction rate. (Ps I find ludicruously high conviction rates to be a sign that difficult cases are either dropped or plea bargained down).
After a careful selection of these cases by various units and the close proximity of white criminals( Kebble case, Bruitendach case, Lolly Jackson murder) to high ranking officials, it would be interesting to find out how many of these cases never make it to court?
David says:
May 12, 2010 at 14:11 pm
“Transformation cares nothing about efficiency.”
If these SCCU guys are so good, how come we have so much white collar crime, the quantum of much which boggles the mind.
Whatever happened to J Arthur Brown?
Whatever happened to Barry Tannebaum?
Rautenbach, King, …..
“Efficiency” indices can be massages rather easily.
Shutting down these agencies is of concern, not transforming (which needs to be done).
Maggs – it would appear that in MS’s eyes transformation and “shutting down” or at least destroying capacity go hand in glove. I would argue that this has been a feature of most tranformative initiatives of the ruling party. I had the finalisation of a case delayed today- the direct result of a poorly tranformed judiciary… The result – more time and money wasted.
So it comes again: the attempt to link unprofessionalism and inability to do the job with Blackness.
Does efficiency means that one white male must occupy two positions for ten years (SIU & AFU)?
@ Mpho – thats an interesting observation. Lets see what happens but answer this – what as MS done about keeping the AFU running. It sounds more as if it has been disbanded? What kind of planning has gone into this? It looks more like racial transformation than anything else. Overall, the impression I and many others are getting is that this is just more of what the disbanding of the Scorpions started, this time with the help of the ruling elite’s man on the inside.
@ Pierre – Nice try to appease those who think you don’t bash the DA enough, but thats pretty thin. As David points out – should the DA just say nothing and bite their lips cos Mr LLM Leipzig has only limited powers as far as the NPA is concerned?
@ Mpho – no not blackness – the appointment of inexperienced people as judges.
Sexual Offences and Human trafficking are two areas that do not have the so called “Efficiency”. Only few days ago we had the first conviction and sentencing in Human Trafficking in SA.
http://www.sowetan.co.za/News/Article.aspx?id=1140923
@ Gwebs – no not at all IMO. I just think that after his chequered past (you may not agree) MS needs to work extra hard on his PR to restore faith in the processes he has initiated. If he has a plan and that plan will lead to greater effeciency, more convictions and a decrease in white collar crime then I am all for it. But what is that plan? However, what with the ruling elite’s penchant for corruption (have we all forgotten Mr Zuma’s travails so soon?) and MS’s allegiance to that elite I am not holding my breath, at least not for very long….
spoiler says:
May 12, 2010 at 15:03 pm
“I would argue that this has been a feature of most tranformative initiatives of the ruling party.”
This, unfortunately, has been reduced to another opportunity to knock the ANC for any reason, even for no reason.
Anyone who argues that we are free (or could be free in 15 or 20 or even 50 years) of structural and systemic defects of the pre 1994 era is simply nuts.
As are those who argue that the majority of people in our country have not benefited massively from the impact of post 1994 transformation initiatives.
This particular discussion is about Simelane transformed into a bull in a china shop – seemingly decimating all that is in his space, at a time (with the WC on our doorstep and the Zuma led administration in international limelight) when careful and proper consideration ought to be given to matters of national importance.
Consider that among other things the Zuma administration promised the return of the participatory democracy through especially people driven processes, not smashing the work done by previous democratic administrations to smithereens under the guise of transformation (which transformation is sorely needed).
hello? Are we reading the same blog? I’m lost in the comments.
If we proceed from the assumption that Simelane is doing the job he was given (despite whether we would have given it to him, or whether the DA approves), what would be the job he’s carrying out? A simple test, I presume, would be to see whether he is replacing people with other people with the same responsibilities (and more pigmentation), or whether he’s shutting down the NPA is a ‘thousand-cuts’ kind-of-a way?
If he’s busy closing the NPA down, the evidence is there – there’s no transformation, there’s only growing unemployment. If he’s transforming the place (i.e. shading it darker), that’s his brief, let’s see the results? Surely, we don’e have to speculate which brief he’s implementing?
Do we know whether he’s appointing different people into the jobs from which he’s removed the whities? Do we know if he’s reallocated budgets (which is typically a quick way to see how organisations work, more so that who’s occupying the corner office). Has he removed key budgets?
If the governance over his activities lies with Radebe, we’re in real trouble I suspect (as head of ANC policy, couldn’t sort out the taxi mess in half a decade, after messing up some stuff in public works etc etc – clearly, not bright enough for much responsibility), so hopefully the good prof is right, and this has nothing to do with this Radebe fellow. That would be a good thing (if you don’t believe me, follow the BRT mess – with compliments to Radebe).
Sigh, such a wonderful place. Prof – when can we talk about the water?
Gwebe is right.
There are hundreds of thousands of black lawyers looking for jobs.
Why should Willie Hofmey hold onto two of the top legal jobs in the country?
The fact that Hofmeyr was detained in solitary confinement does not entitle him to stand in the way of transformation!
Mikhail Dworkin Fassbinder says:
May 12, 2010 at 16:08 pm
Perhaps two years wasn’t enough.
Mpho, if Radebe has problems with the way the NPA is structured he must prepare legislation which can be passed through Parliament. Or if he thinks Simelane is exceeding his powers as stipulated in NPA Act and the Constitution he can engage Simelane. What he cannot do is order him to stop managing the NPA in teh way he sees fit within the parameters of the NPA Act. If he does ihe is interfering with the NPA, a crime for which the NPA Act provides rather stiff penalties.
On transformation in the NPA: Dream on! Given Simelane’s background, and known views, it would be only the most naive or slavish apparachic who would be able to maintain with a straiight face that the moves by Simelane has nothing to do with ideology and control, with making sure the NPA toes the line and everything with transformation. I for one, suspects transformation is used in this particular case to achieve nefarious political ends to emasculate the NPA and to destroty its independence to ensure it does not rposecute the wrong people. Everything Simelane has done since the Pikoli fiasco points to this – including his recent order to stop the process of seizing teh assets of Fana Hlhongwane. It has nothing to do with fair and just and constitutionally required demands of race and gender transformation and everything with the protection of the “right” people.
By the way, the prosecutors who have been demoted have been of different races and genders. What they have in common is that they have been independent or that they have been involved in court cases against ANC leaders.
If it is true that Simelane has demoted black prosecutors, that is a disgrace.
Transformation means getting the racial demographics right!
@Mikhail
No, as Pierre said, “transformation” is about putting the right people in the right places so that the ANC isn’t accountable to anyone.
David, with respect, this is a cynical perversion of the concept of transformation.
Expanding and deepening ANC control is all well and good.
But it is only a means to an end — that end being the RACIAL transformation of everything.
Thanks.
MDF, does it follows that if Hofmeyer relinguishes one of his jobs then the post will be given to one of those “thousand black lawyers looking for jobs”; or it will be filled by another MS-JR-JZ-ANC lacky who believes the NPA must take instructions from the politicians and that the charges against JZ were coocked by his political enemies?
How does Semilane see his job? I believe he sees himself as a person deployed by the ANC to the post of NDPP. His aim is to further the interests of the ANC, with the interests of justice of secondary importance.
In my view the quality of responses today get about a 3 out of 10. Prof has written about what is likely the single most important element in judicial and Democratic effectiveness that exists in SA today. Sorry to be negative, but the thinking in these posts is mostly deficient.
I agree with Chris that he is there to implement ANC control, and we know, those who are unbiased thinkers, all their variables, interests and desires only too well.
Anyone ever hear the term: “hatchet man”?
Which African prosecutors have been demoted? (I want to point out that in no industry is redeployment considered a demotion unless their is a clear change of seniority status, rather than a comparable place found in the newly structured organisation).
I have heard from the Minister’s own mouth his intentions with regard to the restructuring of the NPA and it bears no relation to the diatribe spouted by Pierre.
Oh and I agree, this is a very weak way to attempt to allege to be criticising the DA.
Mpho: And you believe him?
What is more important in life than our personal judgments of character, whether one is honorable, honest, well intentioned, trustworthy.
It is the young who misunderstand this. With age and experience comes the understanding that a man or woman’s character determines all their actions and resultant ramifications.
Mpho the first three demoted were Retha Meintjes SC, George Baloyi en Connie Erasmus. Baloyi was involved in the rape trial of Zuma. The Mail and Guardian reported that soon after his appointment Simelane told NPA staff that he was there to implement ANC policy (someone who was there confirmed this to me). If one is moved from being the deputy director of Public Prosecutions to an ordinary prosecutor (as was the case with the three above) that denotes – SURELY – a change in status even if one’s salary remains the same. Its like me being demoted from dean to lecturer but with a retention of pay or from PROFESSOR TO LECTURER WITH RETENTION OF PAY. IT WOULD REMAIN A DEMOTION. In terms of labour law that is an unfair labour practice. Simelane is the head of the NPA and not the Minister. His actions and statements are therefore in point – not the Minister’s. I made no comment about the views of the Minister as my view of the independence of the NPA means that I feel the Minister does not or should not have the power to determine how Simelane runs the NPA. By the way, you are in agreement with the DA who emailed me in consternation because I criticized it.
Mpho says:
May 12, 2010 at 18:53 pm
The juridical concept of demotion only requires that status, job content, responsibility and promotion prospects are prejudiced. If you want to argue that to move a Deputy DPP or Chief Prosecutor into the post of District Court Prosecutor is not a demotion would not only be absurd, it would also make you spectacularly uninformed.
Mikhail Dworkin Fassbinder says:
May 12, 2010 at 17:07 pm
“that end being the RACIAL transformation of everything”.
Hey Dworky,
You’re a nasty piece of bubble gum stuck under the shoe!
“Simelane makes it go away
Published: 2010/05/12 07:41:32 AM
EARLIER this month, when the national director of public prosecutions, Menzi Simelane, revealed that prosecutor Gerrie Nel and his team had been removed from the case against former crime intelligence boss Mulangi Mphego two months earlier, he described the move as “a strategic decision in the interest of justice”.
On Monday, Randburg magistrate Fatima Khan struck the Mphego case from the court roll, saying it was clear the prosecution was not adequately prepared. …”
http://www.businessday.co.za/articles/Content.aspx?id=108694
Today’s Business Day’s editorial:
EARLIER this month, when the national director of public prosecutions, Menzi Simelane, revealed that prosecutor Gerrie Nel and his team had been removed from the case against former crime intelligence boss Mulangi Mphego two months earlier, he described the move as “a strategic decision in the interest of justice”.
On Monday, Randburg magistrate Fatima Khan struck the Mphego case from the court roll, saying it was clear the prosecution was not adequately prepared.
Some interest of justice. Not that Khan was wrong — she had set clear and reasonable dates for legal applications and answering affidavits to be filed, and the prosecution had failed to comply. Justice delayed is justice denied, as the adage goes, and Khan was right to refuse to grant a further postponement just because the state was in a condition of self- inflicted disarray.
The charges, which relate to an affidavit Mphego was accused of extracting from Glenn Agliotti and passing on to former police commissioner Jackie Selebi in a failed bid to help Selebi avoid the charges on which he is now standing trial, could conceivably be reinstated by the new prosecutor at a later date. However, given the manner in which the case has seemingly been sabotaged by his superiors, this would seem unlikely. So yet another potentially embarrassing situation with strong political overtones is made to go away. How convenient.
This is starting to become a pattern in the Jacob Zuma administration, with Simelane increasingly acting as manipulator-in-chief. What do these people know that is so embarrassing the African National Congress is prepared continually to undermine the justice system to keep them quiet? We will probably never find out, which is no doubt the idea.
Simelane was an inappropriate choice for the position of prosecutions boss in the first place, given his track record as director- general of the justice department, when he made no pretence of neutrality and was severely criticised by the Ginwala commission over his role in the political witch hunt against Vusi Pikoli, the man whose job he has taken.
After the Nedbank report there seems to have been a complete drought where reliable statistics about conviction rates are concerned. Nevertheless, I challenge Mpho to give us what statistics are available for 1978-1994 and 1995-2010.
The Nedbank report made it clear what damage ‘transformation’ had wrought to the national prosecuting authority in just 5 years. The families of the victims of homicide deserve better.
Mpho and Gwebecimele can whine about the racism inherent in the consideration of black prosecutors as incompetent as much as they like – the facts speak for themselves, and most of the whites commenting here have personal experience of easy successes which should not have happened over the prosecutors of the ‘transformed’ Department of Justice and NPA.
Why does Pierre de Vos not run this website as a subtitle on the DA website, because quite clearly he is doing everything possible to push the DA agenda.
Let me remind you that the ANC is running government through a democratic election. Every deployee in government is there to implement the policies of the ANC and believe it or not, they are aimed to benefit all of us, including DA supporters. THIS IS NOT A GOVERNMENT OF NATIONAL UNITY – and this attempt by the DA and the media to impose their views basicaly stinks.
Now returning to Simelane, leave the man to do his job the best way he knows how. As the people that put the ANC in power, we want to see more skilled black prosecutors – specialised in commercial crime and asset forfeiture.
We want to see more black women handling high profile cases. Thank God for the new team that replaced Nel and co. Success rates are not the only criteria to determine the success of the NPA.
After all, how many asset forfeitures were conducted and the accused was later acquitted. Logic says to me, let the person who prosecutes also initiate and manage the asset forfeiture. Not one preceding the other. THINK DE VOS, WILL YOU?. You appear quite capable to do this, if it was not for your prejudice.
Chris says:
May 12, 2010 at 17:42 pm
“How does Semilane see his job? I believe he sees himself as a person deployed by the ANC to the post of NDPP. His aim is to further the interests of the ANC, with the interests of justice of secondary importance.”
As best as I can make out, appointments especially at the level of DGs are political appointments, especially since we do not have a professional civil service, but a political one.
There is every reason for the NDPP (and every other DG and civil servant) to further the agenda of the ANC, within the context of our country’s constitution and laws – it is after all the ruling party with a massive mandate.
The interests of justice is, in my view, inseparable from the interests of the ANC (as set out in its various national conference resolutions, policy positions and election manifesto).
I would be extremely pleased if Simelane were pursuing clear ANC positions – the impression I get is that he is not doing that, rather that he is trampling over it and leaving a mess in his wake.
Mpho made one point that I will wholeheartedly endorse: The spectacular success rate of the Specialised Commercial Crimes Unit is the result of cherry-picking.
We brought charges of fraud against Minister Charles Nqakula, Commissioner of the SAPS Selebi and a whole host of SAPS spokespersons who had misled the elderly – like Sandy Staats – through the media into handing in licensed firearms for destruction not knowing that they were entitled to claim compensation for those firearms or having being told flatly that they could not claim compensation despite the fact that S137 of the Firearms Control Act makes provision for compensation for surrendered firearms.
The decision of the Specialised Commercial Crimes Unit was nolle prosequi.
To this day our request for reasons for the decision nolle prosequi has fallen upon deaf ears. Bureaucratic stonewalling, an unsubtle challenge to waste taxpayers’ money and ours.
The gun owners of this country do not have benefactors like George Soros, nor do we receive funding from foreign governments. We finance the fight for our country’s interests, the supremacy of the Constitution and the rule of law from our own pockets. No-one can deny that we have put up one helluva fight and protected inter alia property rights much more vociferously and successfully than lobbies like big business.
But, because we have to finance these fights from our own pockets the fraud case has had to be put on the back burner until Nathi Mthethwa’s dishonest thumbsuck response to the compensation case has been dealt with.
After the end of the month, our private prosecution is right back to the top of the agenda. First step – getting the reasons for the decision nolle prosequi.
Maggs, you’re a jackass! Have you even glanced at S195-197 of the Constitution?
Brett Nortje says:
May 12, 2010 at 21:24 pm
Hey dull Brett.
Nice to see you too.
Is there any truth in the rumour that you went for your IQ test and the results came back negative?
That is substandard – even for an inane-typical-Maggs-response.
Kay says:
May 12, 2010 at 20:54 pm
“Success rates are not the only criteria to determine the success of the NPA.”
What criteria would you use to determine the success of the NPA? Failure rate?
The inability some to distinguish between party and state, so vital to the proper functioning of any constitutional democracy, seems to be real problem. The source of state power is the Constitution and not the ANC. Will the next thing we hear be that the judges are also appointed to implement the policies of the ANC? If the ANC is unable to accept that they are not the source of state power, the Constitution will be a meaningless piece of paper.
Brett Nortje says:
May 12, 2010 at 21:30 pm
Hey Brett,
Try drinking fruit juices that say “100% Concentrate”.
Maggs, try reading a book. Especially the little one they handed out at the post office.
Brett Nortje says:
May 12, 2010 at 22:34 pm
“Maggs, try reading a book. Especially the little one they handed out at the post office.”
Yellow Pages?
Pierre – Any ideas regarding the following;
1. Following the Ginwala Commission, why did someone not lay criminal charges against Menzi ?
2. Ditto, why did he not get reported to the Bar for disgraceful conduct ?
3. When the DA launched the review of Menzi’s appointment as NDPP, could they not have applied for an urgent interdict, to prevent his appointment while awaiting the legal review ? (as Vusi Pikoli interdicted the President from appointing a new NDPP prior to Vusi’s legal challenge being finalised)
It’s sad to think that if Vusi Pikoli had not accepted the R 7.5 million, he would have stood a very good chance of being reinstated as NDPP by the Courts, and none of this Simelane nonsense would have taken place.
Vusi was a highly competent, ethical, honest, principled black man who was an ex card carrying ANC member – what more could one ask for ?
Shamwari says:
May 12, 2010 at 22:57 pm
“Vusi was a highly competent, ethical, honest, principled black man who was an ex card carrying ANC member – what more could one ask for ?”
http://www.timeslive.co.za/news/article197881.ece/Pikoli-grilled-over-wifes-link-to-Kebble
Maggs Naidu says:
May 12, 2010 at 23:07 pm
Yes, but too ethical, too honest and too principled.
Chris says:
May 13, 2010 at 6:03 am
“too ethical, too honest and too principled” to know and/or find out (between 2005 and 2009) why his wife received, rather was gifted, “shares (which) were paying material value – I mean millions and millions of rands” on the day that he, Pikoli, was appointed NDPP?
BTW, Selebi was alleged (see the article referred to above) to have been “in possession of a letter that can cause embarrassment of Ngcuka and NPA” around Rautenbach – is it true that the Rautenbach matter was “settled out of court”?
Maggs Naidu says:
May 13, 2010 at 10:09 am
Maggs,
Are you telling me there’s not one honest comrade left? And I had all my hopes on Pikoli!
Maggs, Rautenbach pleaded guilty and the court sentenced him to pay a fine of R40 million. That was after a plea agreement with the State.
Dearest Kay, you miss the point, showing an alarming anti-democratic attitude in the process. Criticising the actions of a person holding a position created by our Constitution is a democratic right and duty – if one believes, based on the known facts, not on subjective grounds, that the person is not fulfilling his constitutional obligations. The electorate cannot ex post facto legalise unconstitutional behavior. The vast majority of South Africans support the death penalty but the Constitution prohibits this. Pointing this out is not an attempt to impose one’s views on the ANC – it is to uphold the Constitution. I could not care less who or who does not agree with me as this is irrelevant for the principle involved.
It might come as a surprise to you, but I would love to see more black and women prosecutors in leadership positions in the NPA, acting without fear, favor or prejudice as required by the Constitution. The success of our Constitutional democracy and the legitimacy of the NPA requires this (apart from the pressing ethical need to effect transformation). Many NPA members who are female and black already do exactly this. Simelane is just not one of them.
@ Chris,
“Are you telling me there’s not one honest comrade left? And I had all my hopes on Pikoli!”
Don’t give up on Pikoli – he did not receive any shares.
Selebi’s wife also ran the family’s finances!
Then there’s our Minister of Intelligence who did not know that his wife made calls to Brazil – some degree of privacy is essential in any happy marriage.
Re Rautenbach – darn it. So we’re probably not going to get to see the contents of the nasty letter – it sounded so very juicy.
Hatred for Simelane is clouding other people’s judgement. We all agree he is not the best candidate for the job but he is doing what any new head of NPA had to confront.
See article below.
Officials at the Special Investigating Unit have alleged that whites and Indians are being favoured over young blacks
A number of junior black officials of Willie Hofmeyr’s Special Investigating Unit (SIU) have complained that the unit’s top echelons are white and Indian, while Africans are at the bottom of the pile.
The officials accuse SIU head Hofmeyr of being an absentee manager and of “octopus-like behaviour”, as he occupies different positions in the justice ministry *1.
Hofmeyr also heads the Asset Forfeiture Unit, through which he holds the post of the deputy director of public prosecutions in the National Prosecuting Authority, where he has recently spent most of his time.
The six junior forensic investigators who spoke to the Mail & Guardian, and said they represented others, said they have handed their grievances to the public protector for investigation. The public protector’s office confirmed having received the investigators’ dossier.
Interviewed on Thursday, Hofmeyr did not deny spending time away from the SIU, saying he was involved at a strategic level and had allowed his deputy, Faiek Davids, to hold the reins.
Hofmeyr was in the spotlight recently after he reportedly advised NPA head Mokotedi Mpshe to drop charges against ANC president Jacob Zuma and appeared at last week’s media conference at which Mpshe announced the withdrawal of charges.
He is considered to be a candidate to lead the Directorate for Priority Crime Investigations, which will replace the Scorpions.
In the dossier of complaints they have compiled the SIU officials said Hofmeyr had ceded power to Davids, whom they accused of hiring whites and Indians as senior managers and recruiting blacks only as trainees.
Davids and Hofmeyr deny racist recruitment practices, but concede that because of its history and origins, the unit still needs to be transformed.
Hofmeyr said when he took over the unit formerly called the Heath Investigating Unit, after Judge Willem Heath who headed it in 2001 its management was 93% white. Now 43% of its managers are black.
He said it was expected that as the SIU expanded there would be “pains of growth”. The organisation has grown from an initial 67 people to its current complement of more than 500.
The employees, who asked to remain anonymous because they said they fear reprisals, showed the M&G an example of a white employee earning more than a black colleague even though they are on the same grade.
“Blacks are treated as tokens by this dynasty to win government contracts and be paraded to Cabinet ministers,” the dossier says.
The officials also alleged nepotism, saying some employees are related as spouses or as father and daughter.
Davids said it is possible for two employees on the same grade to earn different amounts because the SIU takes into account how much people earned before they started working for the unit. He insisted that this has nothing to do with race.
He said that it is a principle of the SIU that relatives cannot be prevented from working for the unit, as long as they do not work in the same department or report to each other.
The employees alleged that Hofmeyr had threatened to resign if staff formed a trade union. Hofmeyr countered that he had encouraged staff members to form a staff association rather than a union, because the involvement of the latter could give rise to risks, given the kind of work the SIU undertakes.
In their dossier the employees also complain that although the unit does not, as a rule, pay out bonuses or a 13th cheque to employees, it paid a R400 000 bonus to Davids last year.
Hofmeyr said the R427 514 payment to Davids was to cover a backdated inflation increment for the past two years. He attributed the uncertainty in the work environment to the rapid growth of the SIU and a restructuring process that is under way. “We hope it will settle down soon,” he said.
With acknowledgements to Adriaan Basson and Mail and Guardian.
If we cast our memory back, the SIU was an effective unit headed by a Judge until it pissed of number ONE, then it was reigned in under NPA.
pissed of= pissed off
It would appear that the DA can have it both ways:
http://www.iol.co.za/index.php?from=rss_Crime%20And%20Courts&set_id=1&click_id=15&art_id=nw20100513143144402C776856
Seems that some here assume that a crit levelled at MS signifies suppport for whitey Hofmeyr. Not so in my case. I just cannot see that the pot firing the kettle and replacing it with somone blacker is ever going to generate much confidence. We have already seen the results of MS work with one case against a potentially corrupt policeman struck from the roll. What more proof do we need that MS is on a mission that rates justice and effeiciency rather low on the agenda?
Gwebecimele, if only you could get your facts right to curb the confusion. The SIU is not and has never been under the NPA. It is a separate entity under the Department of Justice
This Chris posting lousy comments here never ceases to amaze me.
We all know that there are three tiers to our constitutional democracy – executive, legislature and an independent judiciary. How can you talk of a judiciary implementing ANC policies. We are talking about the executive arm here, where the NPA falls. The head of the executive is the President of the ANC. Do you expect him to implement DA policies? Again, I appeal for thought process. It is ANC policies that inform the executive function of our country. The masses made their policy choices very clear at Polokwane. I don’t know what you are howling about. I guess it really doesn’t matter.
1. All prosecutors should be given an oppportunity to understand asset forfeiture processes i.t.o. the prevention of organised crime act – not only those working in the AFU. The law requires that a public prosecutor deal with this process. It does not require that only a proscutor in the AFU do it. In this way we’ll do more such processe and also skill more prosecutors – transformation and efficiency; 2. It follows that DPPs must also be involved in these since prosecutions happen in their areas of jurisdiction. Their historical exclusion is worth reviewing since thelegislation is over 5 year old; 3.AFU proscutors in provinces can report to the office of the NDPP through DPPs in whose jurisdiction they work. Accountability by the DPP in complete this way.
4. DPPs can meet their constitutional obligations since they have inherent powers to prosecute, independent of the NDPP; 5. The NDPP can have his own prosecutors in his office(where his Deputies are also located) who do the same thing because the system is semifederal. In short, the AFU is already in the office of the NDPP and a deputy is authorised to supervise it on behalf of the NDPP; 5. The NDPP remains in overall control of the DPPs and can interfere in terms of the law; 6. The SCCU, led by a Special Director, is also in the office of the NDPP and is supervised by the other deputy. The SCCU heads in the provinces report to the Special Director and not the DPP in whose jurisdiction they work(see AFU point).
I am pleased Maggs’ link did not work!
http://www.iol.co.za/index.php?set_id=1&click_id=13&art_id=nw20100513221649370C977736
Would anyone be offended if I used a four-letter word?
What a d..s Simelane is! ROTFLMAO@Menzi!
http://www.iol.co.za/index.php?set_id=1&click_id=13&art_id=nw20100421190355234C534774
Maggs, would you let Justice Minister Jeff Radebe run you T-shirt shop?
7. So, currently, the office of the NDPP can be found at head office and in the provinces where the SCCU and AFU are present. But the DPPs in their provinces dont have AFU capability and also prosecute some commercial crimes (that are not complex?);8. specialisation is important, so lets give others a chance to also specialise under local supervision. Where necessary formal training will be arranged. Everybody gains. But more importantly, no one loses anything;9. All these have been discussed by the NDPP, Deputies and DPPs and all have agreed and signed off. Prosecutors in DPPs offices were also consulted and some held strategic workshops to plan implementation;10. discussions on structure have been under way since about 2003 but have never been finalised (see Macro Structure discussions).11. Glitches can be expected but not significant inefficiencies as long as there is consistancy in application. Prosecutors still decide on their own cases subject to normal supervision.
The debate is welcome. Free speech is important. I hope some of the facts provided will clarify some issues. Until next time!
Kay, in the First certification Judgment the CC said: Section 179(4) provides that the national legislation must ensure that the prosecuting authority exercises its functions without fear, favour or prejudice. There is accordingly a constitutional guarantee of independence, and any legislation or executive action inconsistent therewith would be subject to constitutional control by the courts.” Your assertion is therefore off the mark.
Thank you Prof. Now I don’t have to make a lousy comment again.
What happened in Parliament yesterday? I read the report in Business Day “President Jacob Zuma reined in National Prosecuting Authority (NPA) head Menzi Simelane yesterday, and assured Parliament that his controversial restructuring initiatives had been put on ice.”
From the Mail & Guardian:
“These moves are exacerbated by revelations that Simelane personally instructed the removal of the prosecutors in the Brett Kebble murder case and lied to the M&G when he denied it last week. This is clear from a letter written by him and leaked to the M&G.
Last week Simelane’s spokesperson, Mthunzi Mhaga, told amaBhungane that advocate Gladstone Maema, Gauteng’s acting deputy director of public prosecutions, took the “strategic decision” to remove state advocate Gerrie Nel and his team from the Kebble and Mulangi Mphego cases.
Mphego, the police’s former head of crime intelligence, was charged with defeating the ends of justice but the Randburg Magistrate’s Court threw the case out of court this week.
Mhaga said that Maema had decided two months ago to replace the Nel prosecuting team in both cases. But the letter written by Simelane to Maema on March 20, and signed three days later, contradicts Mhaga’s claim made on Simelane’s behalf.
Simelane writes: “I have noted that you have made very little progress in dealing with the above matters [the prosecutors for the Glenn Agliotti and Mphego cases]. You will recall that I instructed that new [sic] prosecuting team be appointed. To date I have not been advised of the new team.
“As you are aware, these matters are already in court and a new team will have to be briefed on both matters urgently so that it can be equipped to handle the cases. The delay is naturally very regrettable.”
Simelane tells Maema that he has “personally” decided to appoint state advocates Dan Dakana, Lethabo Mashiane and Kholeka Gcaleka to prosecute Agliotti and Mphego.
Drug dealer Agliotti is the sole accused in the Kebble murder case, due to start in the South Gauteng High Court on July 26.
But Simelane said this week that he had not lied, but “felt it unnecessary to spell out that it was a decision taken with the direction and guidance of the national director [Simelane] and a decision which the director of public prosecutions South Gauteng [Maema] agreed with and supported”.
Perhaps Simelane should be redeployed to head the Moral Regeneration Campaign?
@ Bulelwa
That was never my intention.
The emphasis should be on an NPA employee replacing an independent judge.
Perhaps you have just joined the deabte read my earlier posting under RIP NPA.
I will accept your apology.
Gwebecimele says:
May 9, 2010 at 10:59 am
@ Kay
I have no doubt that there are genuine challanges in the NPA and any new leader must deal with the bruises the NPA suffered during the Polokwane battle. There is also enough evidence to suggest that this institution was compromised to the core and never achieved its mandate of efficiently prosecuting cases in all our courts. Regrettable, an underserving head was appointed and whatever he does, will always be viewed with suspicion.
Here are the facts:
1. Our courts have huge backlogs and every prosecutor in the employ of the state should be called upon to assist at all levels.
2. Hofmeyer has been the Head of two units for 10 yrs and that raises a lot of questions on its own. That gives him Investigative powers(SIU) and prosecuting powers(AFU). One unit under Justice(Executive) and the other in NPA. We can add AA and Succession planning to the mix.
Someone has to deal with these matters.
I am dissapointed at the Minister for succumbing to pressure rather than dealing with the fundamental problems.
I have not expressed any opinion about Hofmeyer heading two units. This is because from afar it seems to me there are good arguments for making him choose. Without more facts, however, I cannot say for certain that it is either a good or a bad idea.
Gwebecimele says:
May 14, 2010 at 11:33 am
“I am dissapointed at the Minister for succumbing to pressure rather than dealing with the fundamental problems.”
It may well be that processes were underway to deal with the issues which you raised.
Now that it was handled so very badly, changes which probably were coming were put on the back burner.
I don’t for a moment believe that the basis for the drastic changes were not informed by informal discussions between the most important roleplayers.
And there’s probably some merit in some aspects of the changes.
But I suspect that over zealousness, ego, insensitivity killed it.
@ Maggs
Agreed.
Execution, Execution, Exectution can kill a good plan with good intentions.
Should Simelane be disbarred for his response to M&G?
@ Brett
Should Simelane be disbarred ?
I asked the other day why charges were not laid after Ginwala ?
I also asked why he was not reported to the Bar for misconduct ?
My other question was whether the DA should have interdicted his appointment, while awaiting their legal challenge ? – The case only goes to court later this year. how much damage will have been done by the time Menzi’s appointment is overturned ?
Pierre – your comments please.
Should Gladstone Maema, Gauteng’s acting deputy director of public prosecutions, be charged with disgraceful conduct as well if he was party to the M & G deception?
This is the post-Nthai era – no-one in the legal profession should harbour any illusions that they cannot be held to account.
@ Shamwari and Brett
http://www.mg.co.za/article/2009-12-04-the-case-against-simelane
This Shamwari knows nothing about South African politics. A good look at his Shamwari, Zimbabwe, politics might get us thinking something about Zimbabwe. Right now, our national interests are paramount. De Vos – why not contextualise your issues around MS”s comments. That is the crux of our debate, some aspects of which I have been trying to articulate in simple English wthout success. Dear MS, do not be suprised if nobody understands you on this blog. We are dealing with semi-retards here, to a large extent. These people are not politicians or civill society, as you know them.
My advice to de Vos and his brother Chris -start dealing with the real issues that conencern us or otherwise write another paper for your academic corridors. Maybe someone who cares for your works, might actually pick it up and re-invent it. As for now, you make zero sense to a progressive mind!
Could Professor Piere de Vos, B.Com (Law), LLB, LLM (Cum Laude) LLM, LLD be a semi-retart?
Kay says:
May 15, 2010 at 2:39 am
“We are dealing with semi-retards here, to a large extent.”
Hey Kay,
That’s about right.
Any idea where complete retards are engaging?
@ Kay
“you make zero sense to a progressive mind!”
Kay is right.
Many of the contributors to this blog come with white tendencies. In my view, this renders them (to my own progressive mind), complete and utter LIBERAL retards.
Thanks.
I for one must be a semi retart, I can’t even spell Pierre’s name.
Kay, I am not sure using the word “retard” is very progressive. It surely is the mental disability equivalent of the “K” word? Context, as you point out, is important. The context I focus on is what happened at Ginwala Inquiry and what Mr Simelane has said since. There might be reasons for the restructuring but these have not been communicated in any coherent way. In the context of strong perception about political motives, one is surely not alarmist by wondering about the motives of the restructuring. In the absence of any coherent practical explanation. In any case, as a ‘semi-retard” I suppose I should really just say “huh… duhhh…. uhhhh….”
Mikhail Dworkin Fassbinder says:
May 15, 2010 at 8:47 am
Since Kay may have left us for the other place, I would like to enquire from your “own progressive mind” what the following means :
- start dealing with the real issues that conencern us or otherwise write another paper for your academic corridors.
- Maybe someone who cares for your works, might actually pick it up and re-invent it.
Your progressive input will be really helpful since Kay has “been trying to articulate in simple English wthout success”.
Maggs, don’t come here with your interrogatory tendency!
(You are a bastard.)
If we cast our memory back, the SIU was an effective unit headed by a Judge until it pissed of number ONE, then it was reigned in under NPA.
Gwebecimele, your post above refers. What am I not understanding about your assertion above – how was the SIU reigned in under the NPA if you insist that your understanding of the relationship between the NPA and SIU is up to scratch? I will not even insist that you apologise – this is just education provided to you for free (and to others under the same confusion that the two entities are not related except for the fact that they both fall under the Department of Justice).
If the fact that the same individual heading an NPA unit (AFU) and SIU at the concurrently gives the impression that the SIU is reigned in under the NPA, then that is exactly one of the reasons why he is being made to choose one.
Interestingly enough, a lot of people are now bemoaning the fact that he is told by Simelane that he can only lead one entity – what a huge outcry that came out of that one! Suddenly they do not see any problem with somebody holding two jobs, just because it’s convenient for their arguments against this ‘Simelane’ monster. That’s called double standards.
Mikhail Dworkin Fassbinder says:
May 15, 2010 at 13:34 pm
In other words you don’t know.
Blerry agent!
p.s. don’t insult me where I work!
@ Bulelwa
The answer lies in your statement.
You say:
If the fact that the same individual heading an NPA unit (AFU) and SIU at the concurrently gives the impression that the SIU is reigned in under the NPA, then that is exactly one of the reasons why he is being made to choose one.
I say:
Again my emphasis is on a Unit previously headed by a Judge Heath(independent) under Justice is suddenly put under an employee of NPA after making unpopular comments on arms deal. This allowed to exist for 10 yrs and when somebody tries to fix it he is labelled a villain.
Apology no longer required.
[...] Radebe cannot tell Simelane what to do – Constitutionally Speaking [...]
http://www.mg.co.za/zapiro/all
“The Honourable Dene Smuts raised serious concern about the restructuring of the National Prosecuting Authority, especially reports of the disbanding of specialized units.
“Minister Collins Chabane outlined yesterday that after signing performance agreements with the President, Ministers will in turn negotiate delivery agreements with all partners that are responsible for a particular outcome, and these would be concluded by July.
“The Justice Crime Peace and Security cluster is in the process of negotiating its delivery agreement.
“Any possible restructuring of the NPA has been deferred pending the finalisation of what the cluster must first conclude.
“Let me assure the Honourable Smuts that we will put the interests of the country and the Constitution first in going about this very important task of ensuring that justice is dispensed fairly, impartially and effectively.”
The President’s Budget Speech.
Now, isn’t that more or less what I said at the very first post?
@ Mpho
When Simelane was appointed thre was noise that he will take instructions from the top. Now that the top has instructed him to stop his initiatives then the same stakeholders are applauding the Minister for the intervention. Wait until the next instruction which might not be palatable to these stakeholders then we are back to square one.
The Review of our Justice, Police and Correctional Services is not new and it was headed by Simelane himself with the then Deputy Minister De Lange. Simelane knows it like the back of his hand and it will not change the facts at NPA that need to be addressed.
A bit of history behind the Justice Review
http://www.itweb.co.za/index.php?option=com_content&view=article&id=31051%3Ajustice-review-stumbles-along&Itemid=184
So, you are agreeing that what I said in post #1 has been confirmed by the President?
Isn’t amazing that so many people that this website draws are so full of rancour that they cannnot see past very basic facts.
I am excited at the objective comments that are coming through from people like Gwebecimele and Maggs Naidu.
At least we are beginning to engage with the issues that are important rather than personalities.
Keep talking South Africa – progressively that is! Prejudice will not advance our democracy.
Kay is right.
I am equally, if not more, excited at Maggs’ objectively.
His opinions are solid.