THE Freedom of Expression Institute has still not seen the Justice Department's submissions to the Ginwala Inquiry, which it says it needs to assess the fitness of Menzi Simelane as public prosecutions head.
The institute had been told the submission contained information which could cause prejudice to security in South Africa - a decision it intended appealing, the FXI said yesterday.
The inquiry came about when former National Director of Public Prosecutions Vusi Pikoli was suspended by former president Thabo Mbeki for not backing down on the prosecution of former police chief Jackie Selebi.
After the inquiry in May 2008, Ginwala said although she agreed with the point that Pikoli did not fully appreciate security matters, she could not find that he was unfit for office.
The FXI lodged the application in terms of the Promotion of Access to Information Act, saying the Constitution gave the public the right to receive the information, and that it would not threaten security.
"Pikoli's submissions to the inquiry and the inquiry's report were made available to the public during 2008.
"However, the department's submissions to the inquiry have to date been withheld from the public," the FXI said. - Sapa