President Zuma’s decision to appoint Menzi Simelane as the next National Director of Public Prosecutions (NDPP) is an inexcusable blunder. Simelane lacks both actual and perceived credibility, independence and integrity. This is particularly disappointing after a raft of admirable judicial appointments including, most notably, of course, Justice Sandile Ngcobo as the new head of the Constitutional Court *1.

Simelane’s credibility was fatally tainted *2 during the Ginwala commission hearings into Vusi Pikoli’s fitness for the same job that Simelane has now landed. It is common knowledge that the commission found him to be presenting arguments that were not only contradictory but, also, expressed an understanding of the role of the NDPP and its relationship with the director-general of the department of justice that is not based in legal fact.

One piece of damning evidence, in particular, was Simelane’s hand in a letter drafted on behalf of then justice minister Brigitte Mabandla , which had as its express aim that of suppressing the independence of Pikoli’s investigation into the dealings of one Jackie Selebi.

These findings are important. They point to someone whose actual ability to lead the National Prosecuting Authority (NPA) has already been found wanting. Equally important is the perception that he is inept. In this case, that perception is reality.

Even if it were not, it is critically important after the dropping of charges against Zuma that the credibility of the NPA be restored. In order to do so, its perceived independence is of paramount importance. It is not just a value to be discussed in a jurisprudence class.

In this appointment, perceived independence has been ignored in its entirety, adding insult to the lack of actual possession of the right characteristics for the job.

We have to wonder how it happened that Zuma came to blunder in this appointment. Obviously it is important that a working relationship between Justice Minister Jeff Radebe and the new NDPP be guaranteed. So presumably Zuma’s decision was not taken independent of this consideration. One therefore has to wonder what went through not just Zuma’s head but also those of his inner Cabinet and advisers. After starting on a good footing with sensible new appointments to the Constitutional Court, this appointment has undone all of that great work in judicial appointments .

All we can hope to salvage as a nation is that Simelane feels and responds to a hitherto unknown compulsion to act with a genuine sense of political independence in helping to enforce the rule of law. Do not hold your breath.

Our judicial system’s damaged credibility was beginning to be restored over the past few months. It has just taken a needless knock. Shame on you, Mr President.

With acknowledgements to Business Day.

And this is no Zuma blundering - it's pure simple survival (out side of the penitentiary).