DA back in court over Simelane

2011-10-31 11:38

Johannesburg - The DA was expected to argue in the Supreme Court of Appeal on Monday that National Director of Public Prosecutions Menzi Simelane was not fit and proper to do his job.

In court papers, the Democratic Alliance said being fit and proper for the position was required by the Constitution and the National Prosecuting Authority Act, Business Day newspaper reported.

The party's counsel, Owen Rogers, said this requirement could be determined objectively and tested by a court.

The appeal follows a judgment by the North Gauteng High Court last year, dismissing the DA's bid to have President Jacob Zuma's decision to appoint Simelane set aside.

Simelane's appointment in 2009 was criticised by many, including former speaker of Parliament Frene Ginwala.

The DA said Zuma's appointment process was "utterly inadequate" and he had acted with an "ulterior motive" to secure a prosecutions head "susceptible to influence".

Simelane's counsel, David Unterhalter, said the court could not interfere in the president's choice on the basis that it was unreasonable.

"[The complaint against fitness for office] was an attack on the president's value judgment and the weight he attached to various relevant considerations...

"These are grounds associated with a reasonableness review, and go beyond the scope of a rationality inquiry."

Justice Minister Jeff Radebe's counsel, Marumo Moerane, had defended the consultative process between Radebe and Zuma, according to the report.

- SAPA