Justice and Constitutional Development Minister Thembi Simelane has reiterated that she cannot interfere with VBS-related prosecutions, citing her role as a Cabinet member responsible for administering justice.
In a written reply to a parliamentary question from DA MP Glynnis Breytenbach, Simelane emphasised that she’s legally empowered to issue policy directives for the prosecution process, but respects the rule of law and won’t overstep her constitutional powers.
Breytenbach had written a parliamentary question asking Simelane if there was a conflict of interest on her part as the political head of the National Prosecuting Authority (NPA).
“I am legally empowered to issue policy directives, which must be observed in the prosecution process,” said Simelane.
Her clarification comes after she faced intense scrutiny over a loan she received from Gundo Wealth Solutions during her tenure as Polokwane mayor.
The loan has raised concerns about potential conflicts of interest, given her position as the political head of the NPA.
Previously, The Star reported that President Cyril Ramaphosa had confirmed that Simelane had submitted documents regarding the loan agreement and he had requested time and space to address the issue.
She recently appeared before the ANC’s integrity commission to address questions about the questionable loan from a VBS Bank “fixer”. Simelane maintains that she’ll act in accordance with the law and respect the prosecution process.
The ANC on Wednesday morning confirmed that she would be appearing before its integrity commission Simelane would maintain her innocence.
The commission, chaired by Reverend Frank Chikane, investigates unethical conduct by ANC members and makes recommendations for disciplinary action.
The minister previously refuted media reports suggesting that the Investigative Directorate of the NPA lacked access to critical data from the state capture commission.
In a statement, the ministry initially assured that co-operation between the ministry and the NPA remained cordial and professional.
“The Department of Justice and Constitutional Development is the legal custodian of the commission’s assets, including the data centre, and has established a residual mechanism to handle remaining matters.”
It came out swinging in defence of Simelane, saying there was no department rift with the NPA and that Simelane was simply doing her job.
“The department is not aware of any fear or loathing between itself and the NPA,” said spokesperson Tsekiso Machike.
“The Constitution is clear about the roles and responsibilities that the minister has over the NPA, and she continues to discharge those responsibilities in accordance with the Constitution.”
Machike downplayed concerns about the timing of the VBS allegations, saying it was “immaterial” since Simelane had already accounted for herself before the portfolio committee and made a submission to the president.
However, opposition parties like the DA and GOOD Party have been calling for Simelane’s head, citing her involvement in the VBS scandal as a clear conflict of interest.
The ANC’s Veterans League is also pushing for three members implicated in the state capture commission’s report and the VBS scandal to step down, pending investigations.
The Hawks are currently investigating the loan.
The controversy surrounding Simelane’s loan has sparked a wider debate about the government’s commitment to tackling corruption and ensuring accountability.
Meanwhile, Simelane and her deputy minister, Andries Nel, are set to participate in a historic homecoming ceremony, honouring South African freedom fighters who lost their lives in Zambia and Zimbabwe during the Struggle against apartheid.
Ramaphosa will lead the ceremony at Freedom Park in Tshwane on Friday.
The event marks a significant step in the government’s commitment to upholding the Truth and Reconciliation Commission’s (TRC) recommendations, particularly in repatriating, exhuming, and reburying freedom fighters with dignity and respect.
The TRC Unit, within the Department of Justice and Constitutional Development, has been instrumental in engaging with families of the deceased, ensuring their loved ones are brought home and laid to rest.
Among the 42 heroes returning home is Duma Nokwe, a pioneering advocate for racial equality who served as secretary-general of the ANC from 1958 to 1969.
The Star