Pressure is growing on the South African government over the man it has chosen to be the country's top prosecutor. Advocate Menzi Simelane is due to take over as head of the National Prosecuting Authority (NPA) next Tuesday.

Next week Simelane will take an oath - to uphold and protect the Constitution, but opposition parties and independent legal experts are outraged by his appointment.

Pierre De Vos who is a constitutional law expert says that it is shocking for many people including himself that Simelane was chosen for the position. He says, “Mr Simelane has a peculiar view of the independence of the National Prosecuting Authority. He does not believe that NPA should be independent and this is a contradiction to the Constitution.”

Simelane made headlines during last year's inquiry into the suspension of former NPA head, Vusi Pikoli.  It emerged that Simelane was part of the attempt to prevent Pikoli arresting former police chief Jackie Selebi. That attempted interference breached the Constitution. During the inquiry, Simelane was also forced to retract allegations he'd leveled against Pikoli. Former speaker of the National Assembly Frene Ginwala, who led the inquiry, tore into Simelane, saying: “His general conduct left much to be desired. His testimony was contradictory and without basis in fact or in law.”

Former President Kgalema Motlanthe said Simelane's honesty had been called into question and that an investigation was needed. The General Bar Council is investigating - allegations that Simelane kept information from the inquiry. And if those allegations prove true, Simelane could be struck off the roll - while he's leading the NPA. Chair of the General Bar Council, Patrick Mtshaulana says, “The law requires the person who is National Director of the NPA to be an advocate or attorney, and that will have a serious consequence for the president and that person.”

Justice Minister Jeff Radebe has already decided Simelane is in the clear. He says, “I took the decision as the minister of justice not to proceed with a disciplinary against Advocate Simelane as the Director General of Justice. I read the Ginwala Enquiry and the report by the PSC, Professor Sangu and submission by Simelane and decided not to proceed.”  

The Presidency also insists Simelane is the right man for the job. Radebe has however called a briefing for Monday, apparently to explain his decision to let Simelane off the hook.