ActionSA has expressed concerns about Justice Minister Thembi Simelane's potential influence on the National Prosecuting Authority (NPA) and her purported conflict of interest, and has demanded an immediate independent investigation into her.
When Simelane was the mayor at the Polokwane Municipality she took a loan of R575 from Gundo Wealth Solutions through VBS so she could purchase a coffee shop in Sandton.
ActionSA parliamentary leader Athol Trollip said in its letter addressed to the Speaker of the National Assembly Thoko Didiza and the chairperson of the Justice Portfolio Committee Xola Nqola, the party outlined reasons why they believe her continued tenure is untenable.
The party referred to Sections 179(5)(a) and 179(6) of the South African Constitution, which grant the Minister of Justice oversight of the NPA’s prosecution policy and processes.
The provisions also outline the Minister’s ultimate responsibility over the prosecuting authority.
According to ActionSA, this gives Simelane direct influence over the NPA, which jeopardises its impartiality and threatens the integrity of the justice system.
Trollip also expressed the party’s concerns, saying: “The Justice Minister’s influence over the NPA, combined with her conflict of interest, makes her position untenable. We believe that allowing her to continue in this role could severely compromise the impartiality of the justice system.”
The party's concerns escalated after Minister Simelane’s appearance before the Portfolio Committee on Friday, September 6.
ActionSA said her responses during the session were evasive and raised further questions about her influence over the NPA.
Trollip emphasised that Simelane’s lack of clarity only added to the doubts surrounding her position.
“Her appearance before the Portfolio Committee did nothing to allay the concerns we have. In fact, her evasive responses have only further muddied the matter."
Given the gravity of the situation and the Minister’s refusal to step down, ActionSA has requested that the Speaker and the chairperson refer the matter to President Cyril Ramaphosa.
During a State visit in Beijing, the president said Simelane’s matter would not be swept under the carpet and it would receive his attention.
The party is calling for Simelane’s suspension while an independent investigation is conducted.
“We cannot allow the integrity of our justice system to be jeopardised,” Trollip said, as ActionSA pushes for swift action to ensure that the country’s legal processes remain transparent and unbiased.
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