On the same day that the SABC confirmed that a senior advocate had submitted a complaint against newly appointed NPA head to the Pretoria Bar Council, Justice Minister Jeff Radebe was firing back against the critics of Advocate Menzi Simelane.

The minister was of the view that the Ginwala Inquiry was misguided in its "attack" on Simelane while the Public Service Commission (PSC) behaved badly in not giving him an opportunity to give his side of the story. Radebe said that even a response submitted by Simelane through him to the PSC was not taken into account in the report before the public.

Apparently this was the reason why the Minister felt that he could not give consideration to a decision on whether or not to pursue disciplinary action against Simelane.

Radebe then attacked the credibility finding made by Ginwala in respect of the failure to disclose a letter by former justice minister Brigitte Mabandla to former National Prosecuting Authority head Vusi Pikoli. This was taken to be a misrepresentation to the inquiry. The Minister pointed out that the letter concerned was already before the inquiry and accordingly no attempt was made to mislead anyone.

In addition he was of the view that if there was any problems or issues in respect of the letter which needed to be canvassed with Mabandla she should have been called.

The Minister did not address the issue of where there are numerous documents before an inquiry or court, certain of which are relevant to a point under discussion, why a party giving evidence did not draw the presence of those document/s to the attention of that court. To simply say that the existence of a document before the forum constitutes proof that there was no attempt to mislead is simplistic to say the least.

Of greater concern might be the Minister's justification of Simelane's so-called correction. During Simelane's evidence, he initially denied having obtained a legal opinion regarding the Pikoli issue. He later "corrected" himself saying that a certain legal opinion covered this issue in addition to a variety of other issues.

In context it is once again being simplistic to suggest - as the Minister does - that this is one of those silly mistakes we all make and later correct. While giving evidence it was material to Simelane's answer whether or not he had taken advice. He was confronted on it and denied it. His later disclosure was certainly not as a result of a simple memory lapse.

The Star newspaper reported earlier today that the General Council of the Bar of SA confirmed that it was ready to appoint a panel of advocates to probe the complaint laid against Simelane.

In the finest tradition of the Bar all of these problems that the Minister has with the way Simelane has been dealt with will be canvassed - in context - and with due regard to procedural issues governing Simelane's right to reply at the Ginwala Inquiry and the PSC.