Constitutional, legal and political analysts are at best baffled by President Cyril Ramaphosa’s late-night decision to remove Thembi Simelane from the department of justice in a mini cabinet reshuffle on Tuesday.
Simelane swapped departments with human settlements minister Mmamoloko Kubayi after coming under fire for a R575,000 loan she received through Gundo Wealth Solutions during her tenure as mayor of Polokwane.
Political analyst Prof Mcebisi Ndletyana described it as “cowardly act”, given that Ramaphosa had been applying his mind to the issue for months.
While Simelane says she paid back more than R800,000 to the now defunct VBS Mutual Bank on the loan, the presidency has not confirmed whether the loan agreement was among the documents contained in a report that Ramaphosa requested from the former justice minister.
“The loan thing was clearly a sham, so what was he applying his mind too for so long? This is typical of Ramaphosa. While the president has the prerogative to appoint the national executive, he also has the constitutional obligation to apply logic and [be] rational. This is completely irrational. Ordinarily he would reason that the ANC step-aside rule is that a person [has to be charged with] a serious offence before stepping aside, but these are very serious allegations, and the ANC integrity committee has said leaders should step aside and clear their name when matters are this serious,” Ndletyana said.
Ramaphosa’s handling of this matter “makes a joke of his claim the ANC is on a renewal path”, Ndletyana said.
“He is comfortable being surrounded by those that are corrupt.”
The Council for the Advancement of the SA Constitution (Casac) said Ramaphosa had again failed a leadership test.
“With allegations surrounding Thembi Nkadimeng [Simelane] mounting there was pressure on Ramaphosa to take action, but once again he avoided making a bold decision. He ought to have at least placed her on suspension or special leave even if he did not fire her, but moving her sideways does not solve his problem.
“Media investigations and revelations will continue to mount, bringing Ramaphosa and his administration under a cloud. Moreover, Ramaphosa spurned another opportunity to appoint a legal professional as minister of justice to lead the process of strengthening the key institutions of justice,” Casac’s Lawson Naidoo said.
Freedom Under Law noted with “concern” Ramaphosa’s decision to not take bold action on the Simelane matter.
“The reshuffle is baffling, given the serious allegations which remain regarding Ms Simelane’s probity. No matter the ministry she heads up, her credibility will be continue to be undermined for as long as these allegations are not answered fully,” Freedom Under Law said in a statement.
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