The content on this page is not written by Polity.org.za, but is supplied by third parties. This content does not constitute news reporting by Polity.org.za.

At the Special Investigating Unit (SIU) briefing to the justice portfolio committee today, acting SIU head Adv Nomvula Mokhatla confirmed that she is serving as acting head of the SIU whilst still fulfilling her role as a Deputy National Director of Public Prosecutions (DNDPP) in the National Prosecuting Authority (NPA). In the NPA she is responsible for, inter alia, legal affairs and international treaties.

This admission serves to compound the mystery around the removal of Willie Hofmeyr. When the NPA appeared before the justice portfolio committee on Tuesday, I asked Adv Hofmeyr directly whether the President had given him reasons for his removal as SIU head.

He eventually replied that he had been spoken to and that it was discussed with him that he could not continue to do two jobs. He deliberately did not indicate that he was spoken to by the President, so we can likely assume that he was not.

It is also unclear whether he was given a choice as to whether he would prefer to retain his post as SIU head or remain as the head of the Asset Forfeiture Unit (AFU). We suspect that he was not.

Without in any way casting aspersions on Adv Mokhatla, the question needs to be asked why, in principle, she is allowed to act as SIU head and continue as a DNDPP, but Willie Hofmeyr was not permitted to do "two jobs", despite his excellent performance in both.

In terms of s3(4)(d) of the Special Investigating Units and Special Tribunals Act 74 of 1996, the President may remove the head of the SIU "if there are sound reasons for doing so". The President has supplied no reasons whatsoever. On 5 December 2011, DA Leader Helen Zille addressed a letter to the President requesting such reasons. The only response from him has been an acknowledgement of receipt.

The SIU fulfils a vital role in combatting corruption in South Africa. The chaos that has been wrought in the recent months by Hofmeyer’s removal, the appointment and resignation of Judge Willem Heath, the appointment and removal of Advocate Nomgcobo Jiba and now Advocate Mokhatla’s appointment in addition to her responsibilities as DNDPP, is unforgivable.

It is equally unacceptable that the President continues to ignore his legislative responsibilities and requests for reasons for his actions from the official opposition. The President cannot ignore reasonable requests and then resort to criticism when the Democratic Alliance (DA) approaches the courts and succeeds in obtaining judgments setting aside unlawful executive action.

It has now been approximately five months since the SIU had a permanent head. It is vital that the President makes a permanent appoint soon, to allow this unit to function optimally.

Given that there appear to be no valid reasons for Hofmeyr's removal, the President's continued silence on the subject reinforces the impression that Hofmeyr was removed because he was too independent and ill-fitted to the Zumafication agenda.