Minister's defence of Simelane misleading - De Vos

On his Constitutionally Speaking blog, De Vos says the Minister had 'selectively quoted' from a SCA judgment which had affirmed the independence of the NDPP and cited the wrong letter in suggesting that Simelane had not withheld evidence from the inquiry. He writes: 'The Ginwala Inquiry and the PSC Report actually refer to a different letter written by President Mbeki a day earlier, which Simelane had failed to provide to the Commission. The Minister is thus 'refuting' a finding that was never made and fails to address the fact that Simelane had hidden the letter written by President Mbeki to the Minister of Justice from the inquiry.' According to a Cape Argus report, De Vos said: 'I think the Minister's defence is a little bit disingenuous. He also misconstrued the Supreme Court judgment.' De Vos notes Radebe left out part of Judge Louis Harms' judgment - in which he explained that the constitutional guarantee of prosecutorial responsibility of the NPA was not incompatible with the fact that the Minister 'must exercise final responsibility over it'. De Vos said Radebe left out the rest of the sentence - that says 'the Minister may not instruct the NPA to prosecute or to decline to prosecute or to terminate a pending prosecution'. Constitutionally Speaking blog Full Cape Argus report (subscription needed)

De Vos' criticisms of the appointment have the ear of the Presidency, which has responded to the critic calling President Jacob Zuma a 'gangster' following the appointment of Simelane. It says this clearly goes 'beyond the standards of decency and intelligent debate'. De Vos, who has since apologised (see report below), was quoted as saying: 'The appointment of Advocate Simelane shows an utter disregard for the Constitution and the law. It is 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.' A BuaNews report notes the Presidency said this statement was 'shocking and despicable. It is our opinion that it is possible for constitutional law experts to differ with government and disagree without being disagreeable, and without making inciting statements or insulting utterances'. Full BuaNews report

De Vos has unreservedly apologised for the use of the word gangster, saying on his Constitutionally Speaking blog that in criticising the Simelane appointment 'I unfortunately reverted to the kind of intemperate language, which sadly has become all too common in our political discourse, by referring to our President as a gangster'. He adds: 'I wish to apologise unreservedly to our President for the use of this intemperate language, which, as the Presidency points out, does not contribute to the healthy and respectful debate so needed in our democracy.' De Vos, however, stands by his position on Simelane's appointment, saying 'this appointment is not in the interest of the country and the smooth running of the criminal justice system'. Constitutionally Speaking blog See also a Beeld report

The General Bar Council, meanwhile, has appointed three silks to investigate a complaint against Simelane. According to a Beeld report, this follows a complaint by Pat Ellis SC in his personal capacity. Ellis is the chairperson of the Ethics Committee of the Pretoria Bar. He said he laid the complaints with both Bars based on the findings of the Ginwala Inquiry. Simelane is now afforded the opportunity to respond to both Bars and a preliminary decision on whether there is any ground for further steps against Simelane is expected early next year. Full Beeld report