Simelane not fit for the job, SCA hears

2011-10-31 16:35

kalahari.com

  • The Da Vinci Method
    Break Out & Express Your Fire. Discover and master the fiery temperament shared by great leaders. Now R311.00
    buy now

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

EFF sees red over Hitler

2014-07-23 22:28

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
30 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/News
 
Traffic
Lottery
 
  • Wednesday Gordons Bay - 18:30 PM
    Road name: R44 Faure Marine Drive Both Ways
    ROAD CLOSED at Suikerbossie Drive due to roadworks until 5am - traffic diverted - expect delays
  • Wednesday Kuils River - 18:01 PM
    Road name: Polkadraai Road Eastbound
    ROADWORKS between the R102 Van Riebeeck Road and the R310 Baden Powell Drive exit - expect delays
 
More traffic reports...
 

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

2 TV Series for R250

Get 2 TV Series box sets for R250 and save up to R148! Offer valid while stocks last. Shop now!

Pre-order the Xbox One

Get this all-in-one entertainment system with live TV, movies, social networking and gaming. Pre-order now!

Up to 50% off hair care products!

Save up to 50% on professional hair care products at kalahari.com. Offer valid while stocks last. Shop now!

30% off academic books

Score a mind blowing 30% off academic books! Offer valid while stocks last. Shop now!

Mind blowing deals on electronics!

Save up to 35% on electronics. 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

Huawei B683 21Mbps 3G Wireless Router

Huawei B683 21Mbps 3G Wireless Router The B683 wireless gateway (hereinafter...

From R1799.99

I'm shopping for:

Horoscopes
Aquarius
Aquarius

Your heart is big and you are sensitive to the needs of those around you. Your humanitarian side is emphasized today and you may...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.