Simelane not fit for the job, SCA hears

2011-10-31 16:35

Bloemfontein - There was no evidence that President Jacob Zuma applied his mind properly in appointing the country's prosecution head, the Supreme Court of Appeal heard on Monday.

"The decision maker must have the facts before him," argued Owen Rogers, legal counsel for the Democratic Alliance, in Bloemfontein.

The North Gauteng High Court in Pretoria last year dismissed the DA's bid to have Zuma's decision to appoint Menzi Simelane as National Director of Public Prosecutions (NDPP) set aside.

The party was asking the Supreme Court of Appeal to overturn this judgment.

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

Rogers argued that Zuma's efforts to satisfy himself of Simelane's fitness for the job were not in line with the objectives of the Constitution and the National Prosecution Authority (NPA) Act.

"The point we made there is there was not one piece of paper that show what he [Zuma] considered. No record."

In papers before the Supreme Court of Appeal, the DA submitted that the requirement of fitness in the NPA act was an objective jurisdictional fact.

The DA argued that Simelane was not objectively a fit person.

It contended there were various incidents which cumulatively established that Simelane had behaved evasively and displayed a lack of candour.

Despite this, Zuma did not call for, or receive any written submissions to help him consider whether Simelane was fit for office.

Legal counsel for Zuma, Nazeer Cassim, submitted that the president received information on Simelane by discussing the matter with Justice and Constitutional Development Minister Jeff Radebe.

Cassim argued that Zuma had all the facts before him and he made a value judgement on the matter which was required from him as president.

Legal counsel for Radebe, Marumo Moerane, submitted the decision on Simelane was taken based on verbal interaction between Radebe and Zuma.

The president could not be expected to read everything on the matter.

"He has a minister whose responsibility in a department was to work with nitty-gritty. He [Zuma] was entitled to have discussions and take the minister's advice."

However, Moerane agreed that the "buck stops with the president" in making the final decision.

He said Radebe's advice was not insufficient.

Judgment was reserved.

- SAPA

Read more on:    da  |  npa  |  frene ginwala  |  jacob zuma  |  menzi simelane  |  jeff radebe
NEXT ON NEWS24X

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
30 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
 

ANCYL: Not voting would be blasphemy

Not voting in the forthcoming elections would be blasphemy, the ANCYL says in a statement commemorating the 50th anniversary of struggle icon Nelson Mandela's Rivonia trial speech.

 
 

Latest elections multimedia

Why Jack Parow wants you to vote on 7 May
The ad the SABC doesn't want to air
Elections 2014 in one cartoon
This year's election posters
 
Traffic
Lottery
 
  • Thursday Sir Lowry's Pass - 05:35 AM
    Road name: Old Sir Lowrys Pass Road
    TRAFFIC LIGHTS not working at Bezweni Road
  • Thursday Cape Town - 05:35 AM
    Road name: Buitengracht Street
    TRAFFIC LIGHTS not working at Waterkant Street
 
More traffic reports...
 

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Escape winter, head to Mauritius

Escape winter by spending 7 nights in Mauritius' tropical bliss from R13 215 per person sharing. Includes return flights, airport transfers and accommodation. Book now!

Kalahari.com - shop online today

Get many eggs in one basket!

Gaming bundles: 2 Super Hits games for R99, 3 Disney games for R99 and more + exclusive accessory bundles only available on kalahari.com. While stocks last. Shop now!

25% off bestselling books!

The Real Meal Revolution by Tim Noakes, Jeffrey Archer’s Be Careful What You Wish for, Man’s Search for Meaning by Victor E. Frank and many more titles. Shop now!

Up to 25% off electronics

Buy top electronics and save up to 25%. Such as kalahari.com’s 1# selling product the gobii eReader, Patriot X Porter flash drive, Asus Nexus 7” 3G tablet, Samsung Galaxy SIII, Lenovo G580 Notebook and many more. Shop now!

DStv HD PVR Decoder now R949

The DStv HD PVR Decoder has further revolutionised the television experience with lifelike viewing, sharper images, more vibrant colours and precision picture quality. Now R949, save R550. Offer valid while stocks last. Shop now!

Up to 30% off appliances & homeware

Save up to 30% on appliances and homeware this Easter! 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

Samsung Galaxy Tab P7500 10.1" Tablet With WiFi & 3G

Samsung Galaxy Tab 10.1 gives you a better experience for...

From R4999.00

I'm shopping for:

Horoscopes
Aquarius
Aquarius

You may be good at organising events but they do take their toll on your energy levels. You may need some time out today just to...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.