Back Print this page
Legalbrief   |   your legal news hub Sunday 14 December 2025

Bar urged to have Simelane struck off roll

Respected constitutional law expert Pierre De Vos has urged the advocates' profession to have Menzi Simelane (39), President Jacob Zuma's controversial choice as National Director of Public Prosecutions, removed from the advocates' roll, a move that has already been taken up (see report below), writes Legalbrief.

De Vos points out in a report in The Citizen that Simelane was exposed as a liar during the Ginwala Commission when he was cross-examined by senior counsel Wim Trengove, adding it would be surprising if the 'advocates' profession did not apply to court to have Simelane struck off the advocates' roll on the basis that he was no longer a fit and proper person'. That would effectively invalidate his appointment at NDPP. He described the appointment as 'nothing more than the actions of a gangster hell-bent on protecting himself and his cronies. I feel ashamed that I have given our President the benefit of the doubt for all these months.' However, according to a report on the IoL site, the appointment has been defended by Justice Minister Jeff Radebe, who argues he is fit to occupy the position 'I am very happy with the appointment of Simelane. He is appropriately qualified. He is fit and proper to be a director,' said Radebe. Full report on the IoL site Full report in The Citizen

Moves are already under way to have Simelane struck off. According to a report in The Times, Patrick Ellis, a senior counsel of the Pretoria Bar, told the paper: 'I intend to lodge a complaint with the Bar Council on Tuesday.' This is the day Simelane is expected to move into his office as the new NPA boss. Ellis would not elaborate on his complaint. But another senior counsel, Gerrit Pretorius, told the paper the complaint, which must be made to the General Council of the Bar, alleges that Simelane 'is not fit and proper to hold a public office'. The complaint will be investigated by the Bar Council, which will decide if Simelane should be struck from the roll of advocates, making him ineligible for his new position, says the report. Pretorius said there were several reasons for the complaint, particularly Simelane's testimony during the Ginwala inquiry, in which he contradicted himself under oath. Full report in The Times

The Citizen reports today on claims that Gauteng's Director of Public Prosecutions, Advocate Charin de Beer SC, 'has resigned', 'is being replaced' or 'moved out' and 'will not be back'. 'It could be the first in a wave of backlash resignations,' The Citizen says it was told by a source. It says there appears to be uncertainty (within the NPA) about the competency of Simelane to head up the organisation. Full report in The Citizen

Another aspect of Simelane's appointment it taken up in a Sowetan report, which says he will end any hopes of reviving a joint German-SA prosecuting agency investigation into alleged bribes paid by German warship manufacturer ThyssenKrupp in the 1999 arms deal. According to the report, when Simelane was director-general of the Justice Department, the German authorities had asked for co-operation from the department to investigate the alleged bribes. Simelane first said he had never received their request, then that he had sent it back with questions of his own. But in February, the NPA told Parliament's Standing Committee on Public Accounts that it wanted to work directly with the German authorities in investigating the arms deal, because the Justice Department was not co-operating. Full Sowetan report