[4] Simelane has challenged this criticism, arguing that it is driven by people who are hostile towards Black Economic Empowerment.
[5] Justice Minister Jeff Radebe has defended him,[5] as well as the ANC chief whip, Moloto Mathopa.
[6] The Constitutional Court of South Africa, in October 2012, found that his appointment was invalid in the matter of Democratic Alliance v President.
In April 2013, Lindiwe Sisulu, Minister of Public Service and Administration, appointed him as her legal advisor.
[9] In a judgement (in October 2012) finding him unfit to be appointed as head of the National Prosecuting Authority, Constitutional Court Judge Zak Yacoob said "[We] conclude that the evidence was contradictory and on its face indicative of Mr Simelane's honesty.