Menzi Simelane, and the outrageous happenings in the liquidations sector.

JOHANNESBURG -  One thing that unites Menzi Simelane, the new head of the National Prosecuting Authority (NPA) with his predecessors, Vusi Pikoli and Bulelani Ngcuka, is the perennial multi-million rand abuses in the liquidations sector, regulated by the department of justice. To set the scene, Pikoli was director general (DG) of the justice department until January 31 2005, when he moved to head up the NPA (technically a division of justice); Simelane replaced Pikoli as DG justice in June 2005.

The liquidations sector is a big nut with a very thick shell, and a beautiful soft and sweet centre. Rewind to the end of 1999, when Oliver Powell, one of the country's leading liquidators, was "bust" by Penuell Maduna, the-then justice minister. Maduna stated that "possible prosecutions for alleged corruption at the Pretoria Master's Office were expected as early as next month". To this day, no prosecutions, but within a short space of time, back then, Enver Motala, who represents himself as a liquidator, emerged from the platteland as the self-confessed "No 1" in the sector.

On October 10 2003, Mike Tshishonga, a justice deputy director, alleged in affidavits that Maduna had "undermined the rule of law by acting outside the scope of his powers". Tshishonga detailed allegations of Maduna's "exploitation and abuse of State apparatus and the infrastructure and staff of the department of justice and constitutional development . . . for the purposes of advancing his personal interests and agendas". The gut-wrenching complaints related mainly to Maduna's alleged "nepotistic" relationship with Motala. Maduna publicly called Tshishonga a "dunderhead", and shortly retired as a minister.

Move to January 30 2006, when Simelane, as justice DG, takes a roasting of note in the hands of Judge Brian Southwood. The relevant judgement told of how Simelane attempted to fire Barend Christiaan "Ben" Nell in December 2005. Nell, a Master in the Pretoria High Court, had been on fully paid suspension since 1999, that inglorious year.  The judge ordered Nell reinstated, and he was.

Powell and Tshishonga have won case after case in defending their innocence. Maduna never bothered to show his face in Tshishonga's hearings; that grubby job was handled by Pikoli, who himself would be suspended in 2007 after noises that he was intent on arresting Jackie Selebi, currently on trial, as the erstwhile national commissioner of police, on charges of corruption and defeating the ends of justice.

Simelane's 2008 testimony to the Frene Ginwala inquiry into Pikoli's fitness to head the NPA was uncool. Ginwala was quoted as saying that in general, Simelane's "conduct left much to be desired. His testimony was contradictory and without basis in law . . . In cross-examination on his role, the DG was asked whether he had sought legal opinion from senior counsel on the responsibilities of the responsible accounting officer . . . Having initially denied doing so, he finally admitted that he sought such an opinion".

The-then president Kgalema Motlanthe, now deputy president, ordered erstwhile justice minister Enver Surty to investigate the Simelane matter, but that went nowhere. Move to August 24 2009, when Motala is looking famous at a media conference at the hotel in Melrose Arch. Your humble reporter asks Motala how it is that the legendary liquidator was appointed to the Pamodzi Gold case.

The reply is that it was by way of the Master's panel in Pretoria. Anyone familiar with the liquidations sector knows that that "panel" is a euphemism for Nell. Motala confirmed that he had been appointed on a discretionary basis, that is, without support from any creditor or trade union. Asked if he knew Pretoria attorney Henk Strydom, Motala said, yes, and that he was in the audience.

Your enthusiastic reporter then asked Strydom if he is and/or was personal attorney to Nell. Under glaring lights, Strydom had no choice but to confirm. Asked how many applications he had brought to have Pamodzi Gold shoved into provisional liquidation, Strydom said it was six or seven. In the manner of ambulance chaser, Strydom finally succeeded and Nell appointed Motala to yet another liquidation that would generate tens of millions of rands in fees. For a decade now, the various justice DGs and heads of the NPA have ignored, at very best, the outrageous abuses in the liquidations sector.

Write to Barry Sergeant: barry@moneyweb.co.za

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new career path moves for tow truck operators Do apprenticeship in the tow truck business then a/. liquidator then b/. Master in the High Court then NDPP by Plutarch on November 26 2009, 16:00 Find this comment inappropriate? Report it

Is it not a neccessity to not only be black but have a track record as above? These are the qualifications required for jobs and promotion? Yes or No? It is called deployment and reward for party loyalty apparently. It is also called BEE which is another lot of words that actually promote corruption in South Africa which is . .more completely out of hand already as per the news. Imagine being told you cannot be fired because you are black, no matter how bad you are? Some black dude brought up that point in the newspapers and I wonder if any blacks would feel positive about what appears to be a most demeaning system of accepting no performance at all? All sounds like Mugabe and Zimbabwe to me, they are all the same it appears. . .less by Paris on November 26 2009, 16:52 Find this comment inappropriate? Report it

Zulu Ring of Steel Now Complete Now the Zulu ring of steel is complete around JZ. All major positions in the security cluster now filled by Zulus. ANC has been caught napping. Very dangerous for this country. by Oracle of Delmas on November 26 2009, 17:48 Find this comment inappropriate? Report it

The joke of how one knows when a politician is lying? The answer being when his lips are moving. In the ANC's case when they promise clean government they mean if you are on the inside circle then no matter how much you lie, steal and cheat you will be rewarded with all manner of government employment. You don't even . .more have to be a good liar, you can lie and be caught out and no-one will anything about it. Just imagine an alleged liar heading up the elite crime fighting unit. It is just plain absurd. The only people who are laughing are the criminals. Just like they laughted when Selebi was chief of police. . .less by semaarnet on November 26 2009, 17:58 Find this comment inappropriate? Report it

Similane One thing is for sure, Frene Ginwala did not appoint the man. May be Jacob is not a good reader, or listener for that matter! ! ! by Taffy Dee on November 26 2009, 18:19 Find this comment inappropriate? Report it

@Paris you have it wrong: it's not black, but politically connected. "Barend Christiaan "Ben" Nell" and "Pretoria attorney Henk Strydom" would tell you that it doesnt matter if you black or white. surely you read that Pikoli and Ncquka had been fired. they . .more still black, right? get your ducks in a row... . .less by ike on November 26 2009, 20:16 Find this comment inappropriate? Report it

Out on bail Yet another Govt appointment to keep JZ out of jail. by Dejected on November 27 2009, 10:31 Find this comment inappropriate? Report it

Lame and tainted JZ sweetheart A real sweetheart appointment to a known political meddler proves to me that the ANC is running a protection racket for its own inner circle. JZ enjoyed relief from prosecution when the process was judged to be flawed due to political meddling. . .more Now his new appointee is known to be tainted by the same unconstitutional behaviour as expressed in the Ginwala Commission Report. Anyone care to pass another rotten banana? . .less by Banana Republic on November 27 2009, 11:31 Find this comment inappropriate? Report it

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