THE SA Communist Party in KwaZulu-Natal has called for the redeployment of national prosecuting authority boss Menzi Simelane, saying he has failed and the NPA appears inefficient under his watch compared with his predecessors.

The ANC tripartite alliance partner says the NPA's handling of the arrests of ANC leader in the province, Mike Mabuyakhulu, and Peggy Nkonyeni has made matters worse.

Mabuyakhulu is the MEC for economic development and tourism and Nkonyeni is provincial legislature speaker and ANC treasurer.

SACP provincial secretary Themba Mthembu said yesterday they would not be surprised to see Mabuyakhulu and Nkonyeni's case collapse because of the infighting within the NPA. The party's provincial secretary said they intended approaching the Human Rights Commission and the public protector to investigate the conduct of the NPA leading to the arrests of the two.

"We are looking at the possibilities of making representations to the Minister of Justice, Jeff Radebe and President Jacob Zuma on the conduct of the NPA on this matter," he said.

Mthembu said the infighting within the NPA over the case had resulted in the suspension of the Asset Forfeiture Unit's head in the province, Knox Molelle, and its security and risk specialist Terence Joubert.

"The conduct of the NPA in this matter confirms that there were many truths in the findings of the Ginwala Commission of inquiry as far as NPA head Menzi Simelane is concerned.

"In fact, the record of the NPA has deteriorated into a situation far worse than that of his predecessors," Mthembu said.

The SACP has welcomed Zuma's nomination of Constitutional Court Judge Mogoeng Mogoeng for the position of chief justice.