During recent question-and-answer session, Justice Minister Thembi Simelane provided detailed insights into the role of the Department of Justice in matters concerning prosecutions, particularly in the case of the VBS Mutual Bank.
According to Simelane she did receive a loan from a company in Polokwane at the time she was mayor and paid back the money.
Simelane was clear in dismissing any speculation of an improper relationship with a third party, saying, “There was no armed relationship with a third company as far as the loan was concerned.”
Simelane said that the loan was used to buy a coffee shop, a venture she had hoped would provide extra income.
Addressing the committee, Simelane clarified that decisions on prosecutions are not made at the ministerial level but rather by the Director of Public Prosecutions (DPP) and the National Director of Public Prosecutions (NDPP).
“Matters relating to the VBS or any other prosecution are the decision of the DPP. It starts sometimes as low as the provincial level, going up to the DPP at the provincial level where the matter would have been handled.”
She further explained the role of the NDPP, adding, “The NDPP comes in relatively on a decision that would have been made by the province, either through intervention or a conclusion on these matters.”
The Justice Minister was clear in her position: “The minister doesn’t decide who should be prosecuted or not prosecuted.”
Simelane noted that this distinction highlights the independence of the National Prosecuting Authority (NPA) from executive influence.
Simelane shared that she had met with the NDPP four times but added, “It was only once in a formal meeting.”
Simelane declined to delve into specific details about her meeting with President Cyril Ramaphosa clarifying that the focus of those discussions had been on the matter of a loan and its repayment.
“I wouldn’t want to get into detail about what the meeting with President Ramaphosa entailed, but the matter is the loan and the repayment. It’s not that I’m meeting with the president on another matter.”
She also assured the committee that all necessary documents regarding the loan would be made available.
“Yes, I will attach the documents. I have nothing to hide,” Simelane said, indicating her openness and willingness to co-operate.
Simelane also addressed the context of the committee’s session, noting that it was not an inquiry but rather an opportunity for explanation.
“The sitting on its own has positioning; it is not an inquiry, which I respect. It’s a sitting of the committee getting an explanation from the minister, and that is why I am here in my capacity today.”
Simelane expressed confidence in the integrity of the reporting process, saying, “I don’t think there will be an issue of not getting a fair report. I report in the same way in another body the Integrity Commission, which has nothing to do with parliamentary matters. The story is the same way."
On a separate issue, Simelane addressed questions surrounding her previous ownership of a coffee shop. She clarified that the coffee shop, which she had owned before the Covid-19 pandemic, was no longer under her ownership.
“The coffee shop exists. It is no longer owned by me. It was a space I bought before Covid, but when the contract for the lease ended, I closed the coffee shop,” she said.
Reflecting on the decision to own the business, Simelane said, “I desirably wanted to have a coffee shop, and that’s what informed my decision on whether to take the opportunity given or not.”
Furthermore, Simelane assured the committee that there was no conflict of interest, referencing Section 96(2)(b) of the Constitution, which governs the conduct of Cabinet members and deputy ministers.
“It deals with the interest and conduct of business. The coffee shop is still in existence but no longer under my ownership. I gave an assurance to the committee and committed to ensuring that no conflict arises.”
Regarding any potential outcomes or actions from President Cyril Ramaphosa, Simelane remained non-committal, saying, “I wouldn’t want to pre-empt the president’s decision. I have submitted the report and will await further discussions with him on the possible ways of looking into the matter.”
She reiterated her commitment to serving the nation and stated that she would follow the president’s guidance.
Simelane concluded her remarks by reaffirming her transparency in the loan matter, saying, “Even at the payment stage, the loan has always been categorised as a loan. I have committed myself to showing that the repayment and transactions are available so that members can access that information.”
She also expressed her readiness to continue co-operating with the committee.
“I am here because of the request from the chairperson, which I fully accepted. I am availing myself to members, even going forward. If there is still a need for anything to be clarified, I will make myself available.”
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