'Zuma's first choice was not Simelane'
29 November 2009, 11:00
By Sibusiso Ngalwa and Moshoeshoe Monare
Controversial newly appointed prosecutions boss Menzi Simelane turned on Thabo Mbeki and former presidential legal adviser Mojanku Gumbi, telling President Jacob Zuma and Justice Minister Jeff Radebe that he took a fall for the previous government.
Simelane was not Zuma's first choice for National Director of Public Prosecutions though, as Weekend Argus has learned reliably that the ANC initially approached distinguished lawyer Dumisa Ntsebeza just before elections, and he turned it down.
Zuma, according to a senior ANC leader, preferred Ntsebeza - who is politically from a Pan Africanist Congress background - because of his ideological detachment from the ruling party. Zuma later appointed him to the Judicial Service Commission.
Ntsebeza could not be reached for comment.
Even though Simelane tried to ingratiate himself with the new government after Zuma became ANC president in 2007, promising to dismantle the Scorpions as quickly as possible, and assisting in getting Zuma's charges dropped, they initially did not trust him after he was blasted by former speaker Frene Ginwala during an inquiry to determine whether ex-head of prosecutions Vusi Pikoli was fit to hold office.
Ginwala was appointed by Mbeki after the former president suspended Pikoli, mainly over the latter's attempt to charge former police commissioner Jackie Selebi.
However, Weekend Argus understands that Simelane told Zuma and Radebe that the terms of reference for setting up the Ginwala inquiry, and some of his controversial submissions, were literally written by adviser advocate Mojanku Gumbi.
He claimed that he did what Mbeki's office had asked him to do.
Simelane's claims to Zuma and Radebe were confirmed independently by a senior official in the former government who was close to the Ginwala inquiry saga, an official associated with the justice department, a highly placed civil servant privy to discussions on the appointment of the prosecutions head and an ANC leader who was briefed about Ntsebeza.
They asked for anonymity because of the sensitivity of the matter and because some are still directly involved.
The ANC leader said that while he sympathised with Simelane, he could not understand "why a director-general is unable to say no".
The civil servant and justice official maintained that Simelane was "a fall guy", but the official in the former government said "Menzi will do and say anything to get a job". "(One) cannot disown decisions for convenience," he said.
Simelane showed the new government "correspondence" between him and Gumbi to prove that he was just a pawn, and that Ginwala's criticism was based on submissions "imposed on him".
Ginwala found that Simelane's evidence "left much to be desired and that his testimony was contradictory and without basis in fact and law".
Ginwala said last week that her impression of Simelane remained and that she stood by her comments.
It is understood that Simelane's plea of innocence convinced Radebe not to charge the former justice director-general after Kgalema Motlanthe - who was president last year - recommended the Public Service Commission to probe Simelane's conduct.
This also explains why commission chairman Ralph Mgijima said he was satisfied with the minister's decision not to proceed with the disciplinary charges, without explaining why he failed to conduct a thorough probe into Simelane.
"When we did our initial investigation based on the request, we didn't give (Simelane) a chance to express his views because we were not doing a full investigation," said Mgijima.
Radebe's spokesman Tlali Tlali said he could not comment on anything to do with Simelane as the minister would brief the media tomorrow on the matter.
Radebe has never released the commission's report on Simelane.
Simelane refused to comment, referring queries to the justice ministry.
Gumbi was only prepared to say: "I don't comment on such things... I don't know what Menzi said."
Mbeki's spokesman Mukoni Ratshitanga said: "The allegation has not been brought to former president Mbeki formally, so I cannot comment on it."
Simelane's appointment was widely criticised last week, with the Pretoria Bar lodging a complaint against him, while Cope leader Mvume Dandala asked the Public Protector to investigate.
Some of the staffers at the National Prosecuting Authority were angry, with several senior prosecutors threatening to leave.
A provincial senior NPA official - who declined to be named for fear of reprisals - said his boss is likely to leave "in the new year".
Witwatersrand's Director of Public Prosecutions Charin de Beer is expected to leave.
NPA spokesman Mthunzi Mhaga said De Beer had requested to be "released" on medical grounds.
"Currently she is not at work so Advocate Gladstone Mayenda will be acting in her position from Tuesday. Her request is still under consideration," said Mhaga.
De Beer - who could not be reached for comment - was on the list of Pikoli's witnesses at the Ginwala inquiry, but she never testified.
Zuma appointed Simelane against the tacit public advice of Motlanthe, who told reporters in February that prosecution chiefs should be appointed through a process followed when appointing judges.
Motlanthe dismissed Pikoli, but the Zuma administration settled with him out of court, with the former prosecutions chief accepting R7.5 million.
Controversial newly appointed prosecutions boss Menzi Simelane turned on Thabo Mbeki and former presidential legal adviser Mojanku Gumbi, telling President Jacob Zuma and Justice Minister Jeff Radebe that he took a fall for the previous government.
Simelane was not Zuma's first choice for National Director of Public Prosecutions though, as Weekend Argus has learned reliably that the ANC initially approached distinguished lawyer Dumisa Ntsebeza just before elections, and he turned it down.
Zuma, according to a senior ANC leader, preferred Ntsebeza - who is politically from a Pan Africanist Congress background - because of his ideological detachment from the ruling party. Zuma later appointed him to the Judicial Service Commission.
Ntsebeza could not be reached for comment.
Even though Simelane tried to ingratiate himself with the new government after Zuma became ANC president in 2007, promising to dismantle the Scorpions as quickly as possible, and assisting in getting Zuma's charges dropped, they initially did not trust him after he was blasted by former speaker Frene Ginwala during an inquiry to determine whether ex-head of prosecutions Vusi Pikoli was fit to hold office.
Ginwala was appointed by Mbeki after the former president suspended Pikoli, mainly over the latter's attempt to charge former police commissioner Jackie Selebi.
However, Weekend Argus understands that Simelane told Zuma and Radebe that the terms of reference for setting up the Ginwala inquiry, and some of his controversial submissions, were literally written by adviser advocate Mojanku Gumbi.
He claimed that he did what Mbeki's office had asked him to do.
Simelane's claims to Zuma and Radebe were confirmed independently by a senior official in the former government who was close to the Ginwala inquiry saga, an official associated with the justice department, a highly placed civil servant privy to discussions on the appointment of the prosecutions head and an ANC leader who was briefed about Ntsebeza.
They asked for anonymity because of the sensitivity of the matter and because some are still directly involved.
The ANC leader said that while he sympathised with Simelane, he could not understand "why a director-general is unable to say no".
The civil servant and justice official maintained that Simelane was "a fall guy", but the official in the former government said "Menzi will do and say anything to get a job". "(One) cannot disown decisions for convenience," he said.
Simelane showed the new government "correspondence" between him and Gumbi to prove that he was just a pawn, and that Ginwala's criticism was based on submissions "imposed on him".
Ginwala found that Simelane's evidence "left much to be desired and that his testimony was contradictory and without basis in fact and law".
Ginwala said last week that her impression of Simelane remained and that she stood by her comments.
It is understood that Simelane's plea of innocence convinced Radebe not to charge the former justice director-general after Kgalema Motlanthe - who was president last year - recommended the Public Service Commission to probe Simelane's conduct.
This also explains why commission chairman Ralph Mgijima said he was satisfied with the minister's decision not to proceed with the disciplinary charges, without explaining why he failed to conduct a thorough probe into Simelane.
"When we did our initial investigation based on the request, we didn't give (Simelane) a chance to express his views because we were not doing a full investigation," said Mgijima.
Radebe's spokesman Tlali Tlali said he could not comment on anything to do with Simelane as the minister would brief the media tomorrow on the matter.
Radebe has never released the commission's report on Simelane.
Simelane refused to comment, referring queries to the justice ministry.
Gumbi was only prepared to say: "I don't comment on such things... I don't know what Menzi said."
Mbeki's spokesman Mukoni Ratshitanga said: "The allegation has not been brought to former president Mbeki formally, so I cannot comment on it."
Simelane's appointment was widely criticised last week, with the Pretoria Bar lodging a complaint against him, while Cope leader Mvume Dandala asked the Public Protector to investigate.
Some of the staffers at the National Prosecuting Authority were angry, with several senior prosecutors threatening to leave.
A provincial senior NPA official - who declined to be named for fear of reprisals - said his boss is likely to leave "in the new year".
Witwatersrand's Director of Public Prosecutions Charin de Beer is expected to leave.
NPA spokesman Mthunzi Mhaga said De Beer had requested to be "released" on medical grounds.
"Currently she is not at work so Advocate Gladstone Mayenda will be acting in her position from Tuesday. Her request is still under consideration," said Mhaga.
De Beer - who could not be reached for comment - was on the list of Pikoli's witnesses at the Ginwala inquiry, but she never testified.
Zuma appointed Simelane against the tacit public advice of Motlanthe, who told reporters in February that prosecution chiefs should be appointed through a process followed when appointing judges.
Motlanthe dismissed Pikoli, but the Zuma administration settled with him out of court, with the former prosecutions chief accepting R7.5 million.
- This article was originally published on page 6 of The Cape Argus on November 29, 2009
Durban
