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