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."

- SAPA

Read more on:    npa  |  ndpp  |  pierre de vos  |  menzi simelane
NEXT ON NEWS24X

SHARE:

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
15 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/News
 
Traffic
Lottery
 
  • Tuesday Mitchells Plain - 19:35 PM
    Road name: M7 Vanguard Drive
    ROADWORKS - traffic restrictions between the R300 and Highlands Drive - expect delays
  • Tuesday Belhar - 17:58 PM
    Road name: Belhar Drive
    TRAFFIC LIGHTS not working at Alabama Drive
 
More traffic reports...
 

Jobs in Cape Town [change area]

Jobs in Western Cape region

HR Co-ordinator

Western Cape
Evolution Recruitment
R240 000 - R300 000 Per Year

Sales Healtcare (Table View)

Table View - Parklands
West Coast Personnel
R4 000 Per Month

Internal Auditor

Cape Town CBD
Mpumalanga Personnel & Training Consultants

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now!

Kalahari.com - shop online today

Up to 60% off - clearance sale!

Save up to 60% on appliances, books, electronics, toys, movies and more. Offer valid while stocks last. Shop now!

Deal of the Week!

Get bestselling John Green novels now just R99 each! Hurry and get yours while stocks last. Shop here.

Mind blowing deals on beauty & fragrances

Save up to 30% off beauty and fragrances. Offer valid while stocks last. Shop now!

Up to 50% off hair care products!

Save up to 50% on professional hair care products at kalahari.com. Offer valid while stocks last. Shop now!

30% off academic books

Score a mind blowing 30% off academic books! Offer valid while stocks last. Shop now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

BlackBerry Bold Touch 9900

The Blackberry Bold Touch 9900 is as the name says...

From R2999.00

I'm shopping for:

Horoscopes
Aquarius
Aquarius

It is always easier to look out and see what needs changing. Looking in is a lot harder... Today you may need to look at what...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.