ActionSA Calls for Minister Simelane’s Suspension and an Urgent Independent Investigation to Safeguard the Integrity of the Justice System
Athol Trollip
ActionSA Parliamentary Leader
ActionSA has urgently written to the Speaker of the National Assembly and the Chairperson of the Justice Portfolio Committee, requesting an independent investigation, amid glaring concerns about the Justice Minister’s direct influence over the National Prosecuting Authority and her evident conflict of interest, which we believe makes her continued tenure in her role untenable.
In our letter to the Speaker and Hon. Nqola, we raised the alarm that, as outlined in Section 179(5)(a) and Section 179(6) of the Constitution, Minister Simelane’s role as Head of the Department of Justice asserts her direct influence over the National Prosecuting Authority (NPA).
Section 179(5)(a) specifies that the Minister of Justice, as the cabinet member responsible for the administration of justice, has a role in overseeing the NPA’s prosecution policy and processes. Furthermore, Section 179(6) provides that the Minister of Justice exercises final responsibility over the prosecuting authority.
In light of the above and considering Minister Simelane’s appearance before the Portfolio Committee on Friday, 6 September, where her responses, or lack thereof, only further muddied the matter and at times appeared evasive, ActionSA believes that her continued tenure in this position is untenable.
Given that the Minister has shown no intention of stepping down until her name has been cleared and the cloud over her role as Minister of Justice has been removed, ActionSA has written to the Speaker and Chairperson requesting that an investigation be instituted and that they refer the matter to the President urgently so that the Minister may be suspended pending the conclusion of all investigations.
ActionSA is simply not prepared to allow the integrity of the justice system to be jeopardised.
ActionSA Calls for Minister Simelane’s Suspension and an Urgent Independent Investigation to Safeguard the Integrity of the Justice System
ActionSA has urgently written to the Speaker of the National Assembly and the Chairperson of the Justice Portfolio Committee, requesting an independent investigation, amid glaring concerns about the Justice Minister’s direct influence over the National Prosecuting Authority and her evident conflict of interest, which we believe makes her continued tenure in her role untenable.
In our letter to the Speaker and Hon. Nqola, we raised the alarm that, as outlined in Section 179(5)(a) and Section 179(6) of the Constitution, Minister Simelane’s role as Head of the Department of Justice asserts her direct influence over the National Prosecuting Authority (NPA).
Section 179(5)(a) specifies that the Minister of Justice, as the cabinet member responsible for the administration of justice, has a role in overseeing the NPA’s prosecution policy and processes. Furthermore, Section 179(6) provides that the Minister of Justice exercises final responsibility over the prosecuting authority.
In light of the above and considering Minister Simelane’s appearance before the Portfolio Committee on Friday, 6 September, where her responses, or lack thereof, only further muddied the matter and at times appeared evasive, ActionSA believes that her continued tenure in this position is untenable.
Given that the Minister has shown no intention of stepping down until her name has been cleared and the cloud over her role as Minister of Justice has been removed, ActionSA has written to the Speaker and Chairperson requesting that an investigation be instituted and that they refer the matter to the President urgently so that the Minister may be suspended pending the conclusion of all investigations.
ActionSA is simply not prepared to allow the integrity of the justice system to be jeopardised.