The report of the Public Service Commission (PSC) on a complaint against new prosecutions boss Menzi Simelane must be made public, a watchdog nongovernmental organisation said on Friday.
The matter was referred to the PSC in 2008 by then Justice Minister Enver Surty, who described it as "very serious".
Though the PSC reportedly recommended a disciplinary hearing against Simelane, then DG of the Justice Department, Surty's successor Jeff Radebe decided to drop the matter.
Head of the Public Service Accountability Monitor (PSAM) Jay Kruuse said if the PSC was unwilling to release its findings to the public, the PSAM would use the Promotion of Access to InformationAct to get them.
He said Radebe had not provided a thorough explanation of his interactions with the PSC on this issue.
Kruuse said Simelane's appointment this week as National Director for Public Prosecutions was "ill conceived, prejudicial to the integrity of the National Prosecuting Authority and the rule of law".
He said President Jacob Zuma had made the decision despite damning findings against Simelane by the Ginwala Commission of Inquiry.
In referring the matter to the PSC, Surty had told the body that Simelane's conduct in the inquiry was highly irregular. The inquiry had also expressed concerns about contradictions in his evidence which were not based on fact or law.
Surty had said he regarded these findings as "very serious in light of the Constitutional imperatives contained in Section 195, which include a high standard of professional ethics, accountability and transparency".
Section 195 deals with basic values and principles governing public administration.
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