Freedom Under Law challenges Simelane’s NDPP candidacy

The race to find South Africa’s next National Director of Public Prosecutions falls under the spotlight this week.

Six candidates are set to face a presidential advisory panel in Pretoria, but one name is generating something of a storm – Advocate Menzi Simelane.

Simelane, once head of the National Prosecuting Authority, had his appointment set aside by the Constitutional Court in 2012, after a judicial inquiry found serious concerns about his conduct.

He’s also facing a pending application to be struck from the roll of advocates by the Johannesburg Society of Advocates.

Legal watchdog Freedom Under Law has submitted a formal objection, saying he is not a fit and proper person for the country’s top prosecutorial role.

Chris Oxtoby of Freedom Under Law says, "He was director-general of the Department of Justice and it was in that capacity that the Ginwala Commission made very serious, adverse findings against him... the gravity of those findings I don't think can be underplayed."

Oxtoby says given the challenges facingthe criminal justice system at the moment, it is crucial the new NDPP is 'beyond reproach'.

"The decision of the panel does not bind the President, it is ultimately the President's decision... but I think it is important that decision is informed by a proper appraisal of the track record of the candidates."

To listen to Chris Oxtoby in conversation with 702's Bongani Bingwa, click audio below: