Last round for Simelane in ConCourt

2012-05-07 22:11
Johannesburg - The Constitutional Court will hear an application on Tuesday on whether the appointment of Menzi Simelane as the country's chief prosecutor was valid.

The challenge has been driven by the Democratic Alliance since 2009.

It contends he is unsuitable for the post of national director of public prosecutions (NDPP) in view of, among other things, comments he made to the Ginwala Commission of Inquiry.

The DA also cites a Public Service Commission recommendation that a disciplinary inquiry be held against Simelane, and an investigation against him by the General Council of the Bar.

At the time of the Ginwala Inquiry in 2008, Simelane said he did not believe the NPA was independent in terms of the Constitution and that it was accountable to the director general of justice - himself at the time.

Fatal errors


That inquiry was to determine whether Simelane's predecessor Vusi Pikoli was fit to hold office.

This came after he disagreed with former president Thabo Mbeki's request to hold off on executing an arrest warrant against now jailed national police commissioner Jackie Selebi.

The DA first challenged Simelane's appointment as NDPP in the North Gauteng High Court in Pretoria, but lost.

That court ruled that Simelane had stated he believed in the independence of the NDPP and had taken an oath to protect the Constitution.

Whether he would keep to it, would show in time, the court ruled, adding that President Jacob Zuma's decision to appoint him should stand.

However, on appeal, the Supreme Court of Appeal reversed that decision on December 1, saying both Zuma and Justice Minister Jeff Radebe had made fatal errors in law.

The SCA found that there were pertinent outstanding questions that went directly to Simelane's integrity and that Zuma could not have satisfied himself that Simelane was a "fit and proper" person for the job, as required by the National Prosecuting Act.

Irrational decision

The president's decision was found to be irrational, inconsistent with the Constitution and invalid.

The DA applied to the Constitutional Court for confirmation of the order of invalidity.

Zuma placed Simelane on special leave pending the outcome of Tuesday's hearing.

The justice minister and Simelane oppose the confirmation and want to appeal against the findings of the SCA.

The president decided not to oppose the confirmation.

The minister of justice's legal team is expected to argue that it is impossible to conclude that Simelane is not a fit and proper person for the job, that the decision of the SCA interferes with powers granted to the president alone and that the decision violates the separation of powers.

He argues that the decision is not irrational and that allegations of ulterior purpose are unwarranted.

Simelane contends that the president's decision can only be reviewed on narrow grounds of rationality and legality, neither of which has been established, and that the SCA erred in holding that the president's decision had to be reasonable and procedurally fair.
- SAPA
Read more on:    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
0 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/News
 

Africa: Land of Billionaires!

Find out who are the richest of the richest in Africa!

 
 

Men24.com

Every man should be able to do these three things
Goalkeeper saves five penalties with his FACE!
Hottie of the day: Jesselyn
11 things men don’t know about their clothes

Jobs in Cape Town [change area]

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

24 hour sale – Up to 70% off

Its black Friday, save up to 70% on a wide range of awesome products at kalahari.com. Offers valid while stocks last. T&C’s apply. Shop now!

Save up to 60% on toys!

Don’t miss out on this hot offer, save up to 60% on toys. While stocks last. Shop now!

Festive gifts!

Check out our awesome range of festive gifts to make everyone’s wishes come true. Shop now!

Seen something you like in our catalogue?

Find the perfect gift and save up to R5000 – As seen on the catalogue. Hurry and shop now!

Save up to R2200 on electronics! – As seen in the catalogue

Wishing for tech gadgets this festive? Save up to R2100 on hot tech products at kalahari.com. 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

Horoscopes
Aquarius
Aquarius

Grandiose ideas and plans can trip you up today. Keep things in context and take one step at a time....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.