News24

All Simelane decisions 'now invalid'

2011-12-01 18:23

Cape Town - All decisions Menzi Simelane took as head of public prosecutions have been rendered invalid by the appeal court ruling setting aside his appointment, according to constitutional law expert Pierre de Vos.

"All decisions he has taken have now become invalid," De Vos told Sapa on Thursday after studying the Supreme Court of Appeal judgment.

"This would apply to decisions to prosecute and decisions not to prosecute, and also to matters like the arms deal investigation."

De Vos said most decisions taken by the National Prosecuting Authority on whether to proceed with criminal charges would have been taken by prosecutors or deputy directors of public prosecutions.

However, in those cases where Simelane took the responsibility upon himself, the consequences could now prove dramatic.

Vacate post


The judgment means Simelane must vacate his post, even pending an appeal, and the presidency would have to appoint an acting national director of public prosecutions, De Vos said.

Presidential spokesperson Mac Maharaj could not immediately be reached for comment, nor could Simelane.

De Vos predicted that the executive would challenge the appeal court ruling in the Constitutional Court, but added that it was hard to see how another court could disagree with the legal basis for the finding.

"It is a very sound judgment. You never know what somebody might put forward as an argument. They [the Constitutional Court bench] might interpret the facts differently, but I would be shocked if on the legal points they came to a different conclusion."

Comments
  • Daaivark - 2011-12-01 18:38

    Moegeng Moegeng will sort out this temporary setback.

      Xavier7034 - 2011-12-01 19:07

      On his own?

      Sidima - 2011-12-02 08:26

      Influence Xavier. No one likes to go against the boss. Ask Malema

  • Vegi - 2011-12-01 18:47

    The dangers of having activist judiciary are now apparent to everyone.

  • Vegi - 2011-12-01 18:49

    The DA will only rule through the untransformed courts. I congratulate them on reaching the growth ceiling.

      Call_Of_Muti_3 - 2011-12-01 19:11

      I congratulate you on reaching the zenith of your intellect. The DA do not seek to "rule" in the same way that your ancestor-obsessed pseudo-communist ruling party does. Go back to your wet dreams about Lenin.

      H - 2011-12-01 19:11

      Unlike the ANC, the DA has no desire to "rule". They are interested in "governing", though. Subtle but important difference.

      Cracker - 2011-12-01 19:58

      @ Vegi Transformation must be accelerated. In other words, a return to basic values as per prior to the current reckless conduct with our freedoms and respect for the law. We need transformation NOW. It does not matter which party or parties or individuals take up the challenge to transform us to sensibility. As long as it gets done, quickly. At least we know that the ANC and the various other parties in our constitutional developments did not consent to the annexation of our justice system by the few for the benefit of the few.

  • Johnnie - 2011-12-01 20:32

    Slim het nou sy baas gevang.All that money that was spent on the Ginwala commission, and then it was all for nothing.

  • J.D. - 2011-12-01 21:05

    Things are getting more diffucult for dear jacob every day. His pawns are falling like dominoes. The nation will reject the secrecy bill. That will the sounding bell for the end of jacob.

  • eradingoana - 2011-12-01 21:09

    Constitutional Court is Luthuli House. So, expect the unexpected. Moegeng has prove his deployment. He has been sent there on a mandate.

  • Sizwe - 2011-12-01 21:36

    I disagree with the Prof on this point; Administrative Law clearly states that all decision taken by a person/official who in good faith believed to be validly appointed/in office to be valid until proven that the acts were administratively wrong in themselves, were biased or were ultra vires. So no, all decision taken up to and until today will remain in force until they are changed by his successor, or are alternatively reviewed in light of the Court ruling.

      Judith - 2011-12-03 19:33

      i hope u r right

  • Glen.E.Huysamer - 2011-12-02 09:55

    It is becoming, oh.. so clear what the ruling party ANC elitists have being trying to do over the last few months as they try and cover their corrupt ways, by forcing the introduction of the secrecy bill. It seems that the presidents office has been infiltrated by advisors and spokespeople who have cooked the books, the law and have brought disrepute to the rest of the ANC and all of South Africa. They have 'gangstered' the ANC and attempt to turn South Africa into a dictatorship, maybe Nando's should replace their last add with a reality spoof around the shenanigans happening in the Presidents office with lead actors.....'Shiet',.. 'MacMyRash',.. "Cilley" ..'StayoutMylane' the A-list of characters can give Nando's enough adds for the next few years. The sad thing is that the ANC has chosen to be a 'Rulling Party" instead of a "Government for the People'. They have squandered a good place in history, becoming yet another black mark in the ongoing saga of South Africa's people's search for personal liberation and economic freedom. It is time for the ANC to leave before they continue to do more damage to their own legacy, and make way for better governance for our Nation. The time for populists are over, the people of South Africa would prefer a more transparent and better governance, which will lay the base for individuals to thrive. At present to much time is being spent on bemoaning the 'great ANC lie.' and is causing the Nation unnecessary despair and embarrassment.

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