Menzi Simelane keeps job, for now - dept

2011-12-01 22:10
Cape Town - Prosecution head Menzi Simelane will stay on until the Constitutional Court confirms an appeal court ruling setting aside his appointment, the justice ministry said on Thursday.

"Advocate Simelane does not immediately have to vacate his post until the Constitutional Court hears the matter and decides whether to confirm the ruling or not," justice ministry spokesperson Tlali Tlali said.

The Supreme Court of Appeal found that President Jacob Zuma's decision to appoint Simelane as national director of public prosecutions in 2009 was inconsistent with the Constitution and invalid.

Tlali cited section 172 (2) of the Constitution which states that an order of unconstitutionality holds no force unless it is confirmed by the Constitutional Court.

He said the government had yet to take a decision on whether to challenge the appeal court's unanimous ruling in the higher court.

"We would like the opportunity to fully understand the implications of this judgment and come to a determination of what our legal attitude to it will be."

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