Justice and Constitutional Development Department director general Menzi Simelane had been "blatantly dishonest" with the Ginwala inquiry into suspended head prosecutor Vusi Pikoli's fitness to hold office, Advocate Wim Trengove said on Monday. Trengove, representing Pikoli, made the statement on the first day of a second round of hearings before the commission of inquiry chaired by Frene Ginwala.
Trengove was tracing the lines of authority between the National Prosecuting Authority (NPA) and the Justice and Constitutional Development Department, said Simelane was given legal advice that he had no control over the duties of the NPA staff. Trengove accused Simelane of being "blatantly dishonest" about withholding this information from the hearing. He said Simelane should have disclosed the fact that he had been given opinion that supported Pikoli.
"I want to suggest to you your conduct in relation to these opinions had been blatantly dishonest, Mr Simelane," said Trengove.
Simelane replied: "I didn't think there was a need to disclose that I took legal advice." Trengove confronted Simelane for failing to tell the inquiry that he had sought and been given legal opinion. Trengove said that when first asked about it, Simelane said he did not remember. Trengove questioned Simelane on what the Constitution and the NPA Act said about the NPA's powers.
Simelane was of the view that the NPA was a branch of the Justice and Constitutional Development Department and that this meant that he was the accounting officer for the NPA. The legal opinion set out that the NPA Act described the structures of the prosecuting authority and stated that the director general of justice had no part in it. Justice and Constitutional Development Minister Brigitte Mabandla asked Simelane to discuss the issue with Pikoli.
President Thabo Mbeki then suspended Pikoli as National Prosecuting Authority head September last year, citing a "breakdown in the relationship" between Pikoli and Mabandla. But the "breakdown in the relationship" appears to have been between Simelane and Pikoli over the unlawful interference by Simelane in the NPA.
Pikoli's lawyers have said that the real reason for the suspension was the National Directorate of Public Prosecutions' investigation into police National Commissioner Jackie Selebi, who is on special leave pending his corruption and defeating the ends of justice case.
Source: Mail & Guardian
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