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Minister of Justice and Constitutional Development Thembi Simelane during the Chief Justice Raymond Zondo special Ceremonial sitting at the Constitutional Court at Braamfontein in Johannesburg on August 21 2024: .Picture: Freddy Mavunda/Business Day
Our new justice minister, Thembi Simelane, is in a uniquely awkward position while executive and prosecutorial dithering over her future continues (“No time for private scolding”, September 3).
She stands accused by investigative journalists of impropriety, and possibly criminality, over financial dealings she had with the now defunct VBS Mutual Bank, its financial brokers and a coffee shop she acquired in Sandton with irregularly borrowed funds while she was mayor of Polokwane.
The risk of a conflict of interest is proscribed by the constitution — if that risk materialised for the minister at any stage she is unfit for high office and should resign or be sacked, or at least suspended, by the president if she won’t quit.
The position in which the minister finds herself is doubly untenable not only because the risk of a conflict appears not to have been avoided by her but also because of the unique position she holds in terms of the constitution. Not only must she “exercise final responsibility over the prosecuting authority”, but all prosecution policy must also carry her concurrence.
Sections 179(5) and (6) spell out these responsibilities clearly. A suspect in a credible criminal investigation sparked by the meticulous work of investigative journalists cannot possibly also be a functioning minister of justice.
Paul Hoffman Director, Accountability Now
JOIN THE DISCUSSION: Send us an email with your comments to letters@businesslive.co.za. Letters of more than 300 words will be edited for length. Anonymous correspondence will not be published. Writers should include a daytime telephone number.
Support our award-winning journalism. The Premium package (digital only) is R30 for the first month and thereafter you pay R129 p/m now ad-free for all subscribers.
LETTER: Simelane is fatally compromised
Our new justice minister, Thembi Simelane, is in a uniquely awkward position while executive and prosecutorial dithering over her future continues (“No time for private scolding”, September 3).
She stands accused by investigative journalists of impropriety, and possibly criminality, over financial dealings she had with the now defunct VBS Mutual Bank, its financial brokers and a coffee shop she acquired in Sandton with irregularly borrowed funds while she was mayor of Polokwane.
The risk of a conflict of interest is proscribed by the constitution — if that risk materialised for the minister at any stage she is unfit for high office and should resign or be sacked, or at least suspended, by the president if she won’t quit.
The position in which the minister finds herself is doubly untenable not only because the risk of a conflict appears not to have been avoided by her but also because of the unique position she holds in terms of the constitution. Not only must she “exercise final responsibility over the prosecuting authority”, but all prosecution policy must also carry her concurrence.
Sections 179(5) and (6) spell out these responsibilities clearly. A suspect in a credible criminal investigation sparked by the meticulous work of investigative journalists cannot possibly also be a functioning minister of justice.
Paul Hoffman
Director, Accountability Now
JOIN THE DISCUSSION: Send us an email with your comments to letters@businesslive.co.za. Letters of more than 300 words will be edited for length. Anonymous correspondence will not be published. Writers should include a daytime telephone number.
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