[ Home ] [ Speeches & statements ]

9 December 2008

The Ginwala Inquiry has made certain findings in relation to the conduct of Advocate Menzi Simelane, the Director-General of the Department of Justice and Constitutional Development Constitution. The Inquiry found that the conduct was highly irregular. The Inquiry further expressed concerns about contradictions in his evidence which are not based on fact or law. The President has referred this aspect to us to follow due process.

I regard these findings as very serious in light of the Constitutional imperatives contained in Section 195, which include a high standard of professional ethics, accountability and transparency. I am therefore of the view that the Public Service Commission is best placed to deal with this issue both in terms of content and context. This will enable a thorough investigation to take place. We will be asking the Public Service Commission to deal with this matter urgently.

We take the issue of ethical standards very seriously and this has been communicated to the Director-General and all other officials in the Department of Justice and Constitutional Development. Since my appointment as the Minister of Justice and Constitutional Development, Advocate Simelane has carried out his responsibilities diligently. He is extremely hardworking, industrious and competent. Without distracting from the seriousness of the findings, we are of the view that it would not be appropriate to consider the suspension of the Director–General without the process of the Public Service Commission (PSC) being finalised. Once the inquiry into the allegations against the Director–General is finalised, we will be in a position to make the appropriate recommendations to the President.

The Ginwala Inquiry has also suggested that there should be a structured interaction and interface between the Minister and the National Director of Public Prosecutions on an ongoing basis in order to clarify their respective functions and responsibilities. I am glad to report to you that I and the Acting NDPP have established a sound basis for a structured relationship and we have developed the appropriate collaborative relationship in a manner that does not impugn on the ability of the National Prosecuting Authority to carry out responsibilities without fear, favour or prejudice.

For further information please contact:
Zolile Nqayi
Tel: (021) 467 1714
Cell: 082 898 6483
Fax: (021) 467 1732
E-mail: znqayi@justice.gov.za

Issued by: Ministry of Justice and Constitutional Development
9 December 2008
Source: Department of Justice and Constitutional Development (http://www.doj.gov.za)