Constitutional Court rules Simelane appointment invalid
Image by: ROBERT TSHABALALA
The Constitutional Court on Friday declared Menzi Simelane's appointment as National Director of Public Prosecutions invalid.
In reading the judgment, Judge Zac Yacoob said that in the unanimous judgment they reached a number of legal conclusions including that the appointment of the NDPP was not a matter to be determined by the subjective opinion of the president.
"It was rather a jurisdictional prerequisite to be determined objectively," he said.
"Dishonesty is inconsistent with the conscientiousness and integrity required for the proper execution of the responsibilities of the NDPP."
On May 8, the court heard an application by the Democratic Alliance to confirm a Supreme Court of Appeal ruling that the decision to employ Simelane was invalid.
The report of the Ginwala commission of inquiry into Simelane's predecessor Vusi Pikoli's fitness to hold office had raised concerns about Simelane's understanding of the relationship between the justice department, where he was a director general at the time of the Pikoli events, and the National Prosecuting Authority.
Yacoob said Simelane was evaluated in terms of the Ginwala inquiry.
"[We] conclude that the evidence was contradictory and on its face indicative of Mr Simelane's honesty. It raises serious questions about Mr Simelane's conscientiousness, integrity, and credibility," said Yacoob.
"The decisions taken and acts performed by Mr Menzi Simelane and actions by the [NDPP] are not invalid merely because of the invalidity of his appointment."
DA leader Helen Zille told reporters she believed it was important to keep politics outside the law, as political parties would use the law to persecute their political enemies and not prosecute them.
"If that happens you can't have democracy. The independence of the National Prosecuting Authority is absolutely important in a democracy to every person's rights," Zille said.
"When you can't be sure of the independence of the National Prosecuting Authority -- you don't know if charges are laid for political reasons or if there are legal reason for these charges..."
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Posted 229 days agoBokwe_S'makuhleMAFUNA
Posted 229 days agorahima
Posted 229 days agoLoggenberg
Posted 229 days agoSuiGeneris
i_stub_born
Posted 229 days ago..........and THAT is precisely why Zuma chose his minion/cadre.......and why not ???.........Zuma has convenient ideas about Constitution, Democracy, Presidential post and powers, leadership, morality and ethics. He has expressed them time and time again........
MicaParis
Posted 229 days agoThe Concourt ruling to axe Simelane does not affect all the decisions taken and acts performed by Simelane and actions by the (NDPP) as such are not invalid merely because of the invalidity of his appointment that is simply because he was acting on official capacity blended by his official duties in terms of the NPA Act.
President Jacob Zuma and Justice Minister Jeff Radebe did to consider the insinuations or findings which cast doubt over the candidate's independence and integrity, it might have been appropriate to consider more than one candidate, but that was the president's choice!
The Constitution gives the president the special power to nominate/deploy any *qualifying* candidate of choice but however the decision could have been an intellectual one should the president had had wisdom decided to open this to a competitive process, to more candidates, that he believes fits the bill, that is the power which the Constitution gives the president and nobody can argue against it is his prerogative.
Since the Concourt found against the president, the order of invalidity had been given which means the president should be given a chance to do what is required in terms of the constitution to avoid any decisions Simelane had made to be opened to litigation by appointing a new candidate.
Fortuitously, the deadwood/Simelane was not a fit and proper person to head the NPA because of his already existing relationship with the executive which means he will not be independent and also do not fit the requirement of NPA Act which requires at list an experience of five years to be the head of NPA and Similane headed Competition Commission instead even though the two institutions are the same on authority and mass but however the interpretation of the Act define appointment in line with a candidate who had previous direct experience to the institution concern.
If I was Jacob Zuma, I was going to appoint Garry Nell but we know he will go for Jiva who does not have the required administrative and strategic intellect to head the institution.
Justice Yacoob will never get *anything* for shaming Zuma's judgement and integrity poor Yacoob, that is what you get for being an intellect and fair in the ANC!?
KgakgamatsoPhatlane
MicaParis
You are right, that is not for intellectually impaired midgets like you! If you are lazy to read my proud comments, like I use to tell others, ignore them and keep quite.
If you should have ignored my comment, I would not have to waste time struggling to answer your drivel blabber, admit it you are just lazy to read, that is all!
Timeslive have got millions of readers around the World who might find it vital to ''read''!
With due respect my Chief, you sound like somebody suffering from serious intellectual and academic disability or may be you have family ''importance'' impasse and you just decided to vomit on me and my comment? Get a life! You are an intellectual dwarf to worry about!
danny.archer3
Posted 229 days agoStirrer