Presidency to study Simelane judgment

2011-12-02 15:48

Johannesburg - The presidency would first study the judgment rendering the appointment of advocate Menzi Simelane as NPA head invalid, before deciding what to do, government spokesperson Jimmy Manyi said on Friday.

"The president will study the judgment, obtain legal advice and thereafter decide on what course to take," Manyi said.

The Supreme Court of Appeal ruled on Thursday that President Jacob Zuma's appointment of Simelane as head of the National Prosecuting Authority was invalid.

The justice ministry however said Simelane would not vacate the post he had occupied for the past two years, pending a review of the ruling by the Constitutional Court.

This position is based on section 167(5) of the Constitution, which gives the country's highest court the final say on whether a law or act of the president is unconstitutional, the ministry said.

The ruling was made after the DA challenged the appointment in 2009. This was after Simelane's conduct before the Ginwala Inquiry in 2008 into the fitness of his predecessor Vusi Pikoli to hold office.

- SAPA