Prosecution chief asked for special leave, says Maharaj

NATIONAL Prosecuting Authority chief Menzi Simelane asked President Jacob Zuma to put him on special leave after the Supreme Court of Appeal ruling that his appointment was invalid.

Zuma spokesman Mac Maharaj said this week that Simelane made the request pending the outcome of the government's Constitutional Court challenge to the recent ruling.

"Advocate Simelane was placed on special leave at his own request," said Maharaj.

The National Prosecuting Authority Act stipulates that national directors of public prosecutions may be placed on special leave only at their own request.

Zuma's office said on Wednesday the president would not go ahead with an appeal against the Supreme Court of Appeal ruling.

However, Justice and Constitutional Development Minister Jeff Radebe will pursue the matter in the Constitutional Court.

Department spokesman Tlali Tlali indicated that Radebe's court papers were under review for the Constitutional Court challenge.

"In the light of the decision by the president not to pursue this litigation in the Constitutional Court, we may have to amend and supplement our papers," he said.

"The specific issues we wish to canvass with the court will become clear at the time when filing takes place."

Zuma appointed the authority's deputy director, Nomgcobo Jiba, to act in Simelane's position.

Earlier this month, Jiba was made head of the Special Investigating Unit after Willem Heath resigned. Within a few days, Jiba was suddenly replaced by Nomvula Mokhatla.

DA justice and constitutional development spokesman Dene Smuts said previous unit head Willie Hofmeyr would have been the "obvious" acting appointee pending the Constitutional Court's confirmation of the Supreme Court of Appeal ruling.