Freedom Under Law submits objection to nomination of Menzi Simelane's suitability for NDPP role

Legal watchdog Freedom Under Law (FUL) has submitted an objection to the nomination of Menzi Simelane to seek re-appointment as the National Director for Public Prosecutions (NDPP).

Simelane is the last of six candidates who will face interviews over two days this week by a selection panel appointed by the president to replace Shamila Batohi, who retires next month.

But Freedom Under Law said Simelane has been shown not to be a fit and proper person for the job and should be disqualified from the process.

Simelane is currently in private practice.

He was appointed as head of the National Prosecuting Authority (NPA) in 2009, but the appointment was set aside by the Constitutional Court, which found then-president Jacob Zuma's decision irrational, in light of the findings of the Ginwala judicial inquiry.

FUL is once again raising these points in its submission to the advisory panel, saying that since these findings have never been challenged, they still stand.

These include that Simelane had misconstrued his role as Director General of the Department of Justice, that he withheld legal opinions from the Ginwala inquiry, gave contradictory testimony, and made baseless allegations.

Moreover, the Johannesburg Society of Advocates has also made adverse findings against Simelane stemming from his conduct at that inquiry, and he could face being struck from the roll.

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The organisation said these findings are at odds with the requirements of a prosecutions boss.

Justice Department spokesperson, Terrance Manase, said submissions made against any of the six candidates won't be revealed until they appear for their interview, and even then, the identities of those who have made submissions will also not be disclosed.

Interviews for the first three candidates will begin on Wednesday, while Simelane will face the advisory panel on Thursday.

The other candidates vying for the top job include Western Province Prosecutions Head, Nicolette Bell, her deputy, Adrian Mopp, former NPA investigating director, Hermione Cronje an,d her successor, Andrea Johnson. The chair of the Global Coalition to Fight Financial Crime, Xolisile Khanyile, rounds out the candidates.