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The recent reshuffling of President Cyril Ramaphosa’s Cabinet, which sees Thembi Simelane reassigned from the Department of Justice and Constitutional Development to the Department of Human Settlements, raises important questions regarding the leadership of the justice system.

Section 91(2) of the Constitution grants the President the authority to appoint Ministers, but section 96 of the Constitution sets out the ethical standards expected from Cabinet members. According to section 96(2), Cabinet members must avoid any conflict between their official duties and private interests and must not act in a manner inconsistent with their office. This principle is especially significant for the Minister of Justice, whose role includes overseeing the National Prosecuting Authority (“NPA”), particularly when allegations involving the Minister may be under investigation.

Moreover, section 174(1) of the Constitution mandates that judicial officers must be “fit and proper” individuals, a principle that should extend to those in leadership positions within the justice system. The Department of Justice and Constitutional Development, under the leadership of the Minister, must inspire public confidence in its integrity, impartiality and commitment to upholding the rule of law, particularly when allegations of corruption are under scrutiny.

“The Justice Ministry holds a critical role in safeguarding the rule of law,” said Christo van der Rheede, Executive Director of the FW de Klerk Foundation. “It is essential that the person at the helm is beyond reproach, especially when the NPA may be called upon to investigate matters involving the very person leading the department.”

Ismail Joosub, the Foundation’s Manager of Constitutional Advancement, added, “While the move away from the Justice Portfolio may reduce potential conflicts of interest, the ongoing scrutiny of Minister Simelane’s actions calls for further transparency. The public must be assured that the Constitution’s commitment to justice and fairness is upheld in every aspect of governance.”

Notably, Simelane has been under scrutiny for her alleged involvement with VBS Mutual Bank, which remains a matter of concern for the public and the rule of law. In this context, questions remain whether the President’s decision to reassign Simelane, rather than dismiss her outright, will adequately address the concerns surrounding her position.

Issued by FW de Klerk Foundation