Under-fire Justice Minister Thembi Simelane’s VBS woes intensified when she apparently attempted to stop the alleged capture of the justice system, in particular the National Prosecuting Authority’s Investigating Directorate (ID).

Independent Media understands that the alleged capture also involves the appointment of consultants to assist with “specialised aspects” relating to the investigation and prosecution of “complex crimes”.

Simelane has recently been thrust into the spotlight over allegations that while she was mayor of Polokwane Municipality in Limpopo, she received at least R500,000 in a loan from an investment brokerage, Gundo Wealth Solutions, with alleged links to VBS bank.

Simelane has maintained that she has nothing to hide, as she last week told the justice portfolio committee that the loan which she made in her personal capacity to buy a coffee shop was repaid and had nothing to do with her work as mayor.

Information at Independent Media’s disposal suggests that the VBS issue was being used to have Simelane removed as justice minister.

A source close to the issue told the “Cape Times” that the sudden interest in this loan, which seems to have been known about all along, has to do with her recent appointment as minister of justice, under which falls the NPA.

“It is also a ministry that has custody over the data of the State Capture Commission reported to have been demanded by the newly appointed consultants, Paul Pretorius SC and Matthew Chaskalson SC, for the work they have been appointed to do,” the source said.

“It is not clear whether their appointment is proper, or whether Minister Simelane demonstrated any attitude regarding the request.

“It is also unclear whether Pretorius or any other consultant that may have access to the government’s sensitive information, have the requisite security clearance.

“It is intriguing that the story seems to have emerged as soon as she held a meet and greet meeting with a number of relevant officials within the cluster.”

The source claimed Simelane’s independence may not have been welcomed by those who seek to have the NPA privately funded.

“It is said that her insistence on procedure and compliance may have sparked some irritation on the part of those who seek to control the cluster.

“Others speculate that there may be fears that her insistence on processes and proper procedure may thwart the plans to prosecute those who have been ‘tagged’ to be prosecuted at all costs.

“While we call on minister Simelane to account to the public as she did in Parliament, she must be encouraged not to allow rogue elements to control such an important portfolio, which includes the NPA, whose task is to prosecute without fear or favour.

“She must guard the cluster and its independence against any force that seeks to control it for non-constitutional purposes.

“Those who seek to privately fund the NPA so they can control it, must not be allowed to do so.

“Those within the Investigating Directorate, be they consultants or permanent employees, must be procedurally appointed, and must possess the necessary security clearance. If processes are not followed, she will fall on her sword.”

NPA IDspokesperson Henry Mamothame defended the appointment of Pretorius and Chaskalson, saying that this was done in terms of section 38 of the NPA Act “in line with the NPA’s objective to enhance its ability to prosecute state capture corruption matters effectively”.

He did not respond to questions on the vetting and security clearance of Pretorius and Chaskalson, nor did he respond to questions around the amount they will be paid for the work they have been enlisted for. “The advocates in question are both leading experts in their fields who have extensive experience working on state capture corruption matters, including for the Zondo Commission.

“They bring unique expertise and experience to the Investigating Directorate Against Corruption (IDAC) at a crucial time to assist with specialised aspects relating to the investigation and prosecution of these complex crimes.

“Their appointment is necessary in building capacity within the unit.

The NPA is committed to following all the due processes in appointing personnel to its establishment.

“We are further committed to strengthening our workforce with individuals with the necessary expertise, with adherence to the equity prescripts being fully followed,” Mamothame said.

On whether there were no capable black or female advocates to perform the same functions, Mamothame said: “This is a practice that the NPA has followed for many years, as such, numerous black and female counsel have been appointed by the NPA on section 38 over the past five years.

“It should be noted that all section 38 appointments are guided by NPA internal processes, with authorisation done by the director-general and the minister of justice.

“These appointments are made taking into account the imperative to promote the transformation within the legal system and relevant employment equity priorities.”

In an interview with Radio 702, Pretorius said their role would be strategic in terms of selecting cases, advice on implementation of investigations and prosecutions, assisting with information, data analysis, strategy and a “bit of court craft”.

Cape Times

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