‘Nit-picking’ Simelane to face former colleagues in hearing
A ROUND of legal sparring during a pre-trial hearing yesterday was a sure sign that Menzi Simelane will be ‘‘nit-picking” his way through the Johannesburg Bar’s disciplinary hearing against him.
Simelane was dismissed from his post as head of the National Prosecuting Authority in 2012, following a ruling by the Constitutional Court that upheld a decision that his appointment by President Jacob Zuma was invalid.
Now, in what promises to be a battle of wits, Simelane will face off with his colleagues — some of the best legal minds — before a disciplinary hearing to decide whether he should be disbarred.
The Johannesburg Bar wants Simelane to respond to allegations that he had “spied” on his predecessor, former national director of public prosecutions Vusi Pikoli. He has been charged with unprofessional conduct, which stems from his testimony before the Ginwala inquiry into Pikoli’s fitness to hold office.
He faces an alternative charge of conduct unbecoming of an advocate.
The media were initially barred from the hearing, but a court application brought by the Sunday Times overturned that decision.
Yesterday, the panel — which includes advocates Dali Mpofu SC, Sias Reyneke SC and Daniel Berger SC — thrashed out legal issues ahead of the formal proceedings.
Advocate Omphemetse Mooki, for Simelane, asked for the recusal of the tribunal’s prosecutor, advocate Mike Hellens SC.
He said that on two occasions Hellens had ‘‘informally” attempted to have charges against clients dropped during Simelane’s reign. ‘‘It’s a personal matter because my client would not indulge him,” he said.
Mooki also argued that he was concerned that the panel would rely on the proceedings of the Ginwala inquiry and two previous court judgments against Simelane as evidence.
‘‘We can’t accept what those witnesses said as fact,” he argued.
Hellens refused to recuse himself, saying he would rather have spent his Saturday playing golf. ‘‘I don’t want to be here. But I was appointed by the bar counsel to prosecute.”
Hellens explained he only approached the NPA to discuss the dismissal of charges because his clients had instructed him to do so.
The panel ruled that the documents contested will not be considered in the chain of evidence. But Simelane will have to put up with Hellens as the prosecutor.
The hearing is set down for three days in July.