Justice Minister Jeff Radebe is appealing against the Supreme Court of Appeal's decision to set aside the appointment of Menzi Simelane as national director of public prosecutions, The Star reported on Friday.
In court papers filed in the Constitutional Court on Thursday, Radebe accuses the judiciary of second-guessing President Jacob Zuma and of encroaching unjustifiably on his terrain.
"The separation of powers principle requires courts to give effect to the decision of the president to appoint Simelane as NDPP, alternatively, not to second-guess the president by setting aside his appointment," Radebe says in the court papers.
According to the newspaper, Radebe argues that Zuma had been within his rights to make the appointment of his choice, in accordance with the provisions of section 179(1) of the Constitution and section 10 of the National Prosecuting Authority Act.
"To appoint an NDPP resorts with the president," Radebe said.
"Section 179(1), read with sections nine and 10 of the NPA Act, give the president sufficiently wide powers to select and appoint an appropriately qualified NDPP... the SCA wrongly usurped the president's powers and direction."
In a unanimous judgment on December 1 the appeal court found Zuma had failed to properly consider Simelane's appointment two years ago.
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