Menzi Simelane's appointment 'invalid'

2011-12-01 11:30

Johannesburg - The appointment of National Director of Public Prosecutions Menzi Simelane by President Jacob Zuma in November 2009 was invalid, the Supreme Court of Appeal ruled on Thursday.

The court found Zuma's decision was inconsistent with the Constitution if read with the National Prosecuting Authority Act.

The SCA made a unanimous decision to set the appointment of Simelane aside.

The judgment reads in part: "It is declared that the decision of the president... on or about Wednesday 25 November 2009, purportedly in terms of section 179 of the Constitution..., read with sections nine and 10 of the National Prosecuting Authority Act 32 of 1998, to appoint Mr Menzi Simelane... as the National Director of Public Prosecutions... is inconsistent with the Constitution and invalid.

"The appointment is reviewed and set aside."

The judgment follows an appeal by the DA against Zuma's appointment of Simelane.

  • Rustic - 2011-12-01 11:34

    Ah, these annoying courts are like a flea in Zuma's ear...

      John - 2011-12-01 11:46

      con court here we come, waste of tax money, remove him from his post and deploy the guy elsewhere like in the toilet

      Dirk - 2011-12-01 11:47

      'Illegal because he is not fit to hold office" Based on that the same applies to Zuma and his govt and about 99% of all govt emploees

      Servaas - 2011-12-01 11:48

      well duh.. What happens when you have a showerhead for a president.

      Doublepost - 2011-12-01 12:14

      More like a tick on his nads

      Servaas - 2011-12-01 13:38

      @Doublepost: Nope.. More like a flea infestation on his "Mshiniwam".

  • OneManRiot - 2011-12-01 11:41

    OOOHHHH. Illegal iz bad ne???

      Atholl - 2011-12-01 11:58

      Bad? - yes bad! Like someone commented recently : The Govt seems to first resort to the 'invalid', 'unlawful' route : is it because 'if nobody notices -- we 'first get away with it - then fix it if somebody notices'? ... that's how a criminal mind works. . this makes (adv.) Vusi Pikoli look like a saint - from the formally dismissed fabricated allegation of 'unfit to hold office'. the SCA order should provide for the reinstatement of the 'fit and proper' (adv) Pikoli.

      Trevor - 2011-12-01 12:14

      And Atholl, then he appeals his dismisal and then we waste another 10mil of our hard earned money, and then he gets suspended with full pay and then case drags on for anther two years. the story goes on and on until we have no money maanie, they are getting clever. this is a new way of stealing our maanie, ne

  • Koos - 2011-12-01 11:42


      yolie.Landa - 2011-12-01 11:44

      Firing corrupt misnisters is valid

      CarlS - 2011-12-01 12:01

      @yolie: only the ones that don't follow his agenda.

      Koos - 2011-12-01 12:12

      @ yolie..... mmmmm but he appointed them so that makes it invalid......

      Poloyatonki - 2011-12-01 12:59

      The Real Unskinny - majority of corrupt officials are behind bars thanks to the Hawks...

      JMan - 2011-12-02 08:08

      @ Poloy: You wanna bet? The biggest one is still running the country.

  • Hennie - 2011-12-01 11:43

    I suppose this will end up in the ConCourt after 5 years with Simelane earning R1 000 000 per month in the meantime

  • Deon - 2011-12-01 11:43

    Well done DA.

  • paul.coetzee1 - 2011-12-01 11:43

    Old Showerhead has completey surrounded himself with his "gabbas". If Simelane has to go,Chippy Shaik will be a perfect replacement.

      ivan.coetzee2 - 2011-12-01 13:53

      Mo even better, he is the "il-legal" brother, Chippy does the procurement, and the other fu(ker just plain steals and takes bribes

  • elphaas.mgiba - 2011-12-01 11:45

    Is Menzi Simelane sick?

      Deon - 2011-12-01 12:47

      No, but you would think that Zuma would have a copy of the Constitution somewhere in his office.

      ivan.coetzee2 - 2011-12-01 15:09

      @Deon: what's the point, the fool cant read anyway.

  • Erich - 2011-12-01 11:46

    With all the blunders made by the Prez with appointments in key positions, one can only wonder if he is using competent people to advise him. It does not look like it. The USA also had presidents with below average intellect from time to time but they compensated for it by surrounding themselves with knowledgeable advisors.

  • rbphiri - 2011-12-01 11:49

    Education authorities considered subjecting school principals to a competency test before their appointment. I think similar tests should be conducted for potential parliamentary members. To strengthen accountability of members in parliament and to also ensure that suitable candidates with the appropriate competencies and skills are appointed to execute the tasks at hand.

      richard.grabe - 2011-12-01 11:55

      and the persons intelligent enough to do the testing where do we find them ?

      Rob - 2011-12-01 13:41

      Of course, suitable candidates will have to support the party line. Are you really advocating that?

  • Aubrey - 2011-12-01 11:50

    Old shower head must have the most stupid legal advice team around. Their legal faculties are nill, and worse still they get paid.

  • Craig - 2011-12-01 11:50

    Along with a few others eg the Chief Justice.

  • Mandla - 2011-12-01 11:53

    How does a president still hold an office if he, himself, brakes so many of the con-court laws...?

  • Xenon1 - 2011-12-01 11:57

    Fiasco after fiasco! Why do they not just let the DA make all the important decisions and all they need do is to show up for the opening of parliament; and then go home for a year.

      Doublepost - 2011-12-01 12:20

      Will they still get their government tenders, kickbacks and overseas trips?

  • Chris - 2011-12-01 12:00

    Well now Julius, here is your gap! Lay a charge against Zuma for bringing the ANC into disrepute again Phone Zapiro for all the other instances.

  • Hugh - 2011-12-01 12:05

    "More to follow", yeah well more scandals; corruption; bribery; misappropriation of funds; self enrichment;lies etc

  • Andre - 2011-12-01 12:13

    Time to investigate the courts. Ask judge Heath to focus on that. Thank God for our courts!!! Zille, what would the "normal/sane" SA do without you? What can I do for you?

  • Robsschele - 2011-12-01 12:17

    Support JUJu. Kick Zuma out and get a president that knows his job. In other countries a politician grew in his job. In a banana republic it works different. First you need to learn the corrupt side through personal experience and once you are successful in that you can become a president of the country.

  • mzobebc - 2011-12-01 12:23

    DA is co-governing this country through courts, something needs to be done.

      richard.fahrenfort - 2011-12-01 12:44

      You're so right. Something does need to be done. They should take over from the ANC for the good of us all! We will enter an era of good governance and transparency which we, the people, so sorely need in our beautiful country.

      Bruce - 2011-12-01 12:45

      yes, something needs to be done, like getting rid of the ANC and letting the DA do the job properly!

      Deon - 2011-12-01 12:49

      Yes, send a copy of the Constitution to Mr Zuma and let someone explain it to him.

      H - 2011-12-01 13:10

      Actually, all parties in parliament "co=govern" the country. It is only deluded ANC thinking that suffers the illusion that "the ANC is government". Government is for ALL the citizens, by ALL the citizens. Unfortunately, the arrogance fostered by the majority support prevents the ANC leadership from overcoming their utter ignorance of democratic principles.

      Xenon1 - 2011-12-01 13:26

      The DA just happens to be putting into practice the law of the country. If the anc can't govern, someone has to do it.

      Cracker - 2011-12-01 13:29

      @ mzobebc No, mzobebc. The DA merely does what any political party with our freedoms at heart would do. It is preventing certain factions in this country from annexing the legal system. Nothing wrong or underhanded there. The judgement should be available at the latest tonight on the Supreme Court of Appeal's website for your information. You will realize that it is legal principles being applied by a unanimous decision by the all the judges and that nowhere did they apply some DA rule or law.

      Rob - 2011-12-01 13:46

      @mz....Do you understand that '"Government"" is NOT the same as ""Majority"". Government is made up of all elected MPs, thank goodness for that....Imagine how corrupt and incapable the Government would be if only the ANC governed...what a mess!

      JMan - 2011-12-02 08:11

      Well if the ANC would REALLY be "Running this Country" as they should, the DA (or the courts for that matter) wouldn't be able to touch them. Ever thought about that? Probably not.

  • ivan.coetzee2 - 2011-12-01 12:35

    Lawyers must be loving this, they get to make huge bucks on the appeals, we just get to suck hind tit again... and again! They should not let Zooomer make any appointment he's just stupid, look at Mac's appointment.

  • Garth - 2011-12-01 12:39

    What's up news24? Another comment deleted.

      ivan.coetzee2 - 2011-12-01 13:55

      Let me guess, urm you had something harsh but totally valid to say about the ANC or Zoomer?? This moderator is an anc asswipe

  • Garth - 2011-12-01 12:40

    What's up news24? Another comment deleted.

  • Larry - 2011-12-01 12:42

    Another good ruling that lets Zuma know he is not yet the King of South Africa

      H - 2011-12-01 13:14

      Nor will he ever be. "Never and never again....."

  • CALAMITYSA - 2011-12-01 12:51

    "The court found Zuma's decision was inconsistent with the Constitution if read with the National Prosecuting Authority Act" And now the CONCOURT will be judged for no "transformation"!!!! It is obvious that the judges doesn't like the doings and screwings of Zumps and his cadres. Now let us see where they go with the assessment - Jimmy Manyi said the Cabinet had decided to have an assessment done on the judgments of the Constitutional Court.!!!! How the hell do the ANC think. It is not BAD to get some criticism - rather LISTEN in stead of trying to argue - DEBATE as some want to call it. The so-called debates will be like the recent INFORMATION ACT sh3$% in parliament. Everybody knows it's wrong but get forced to vote in favour of it. It will ALSO go to the CONCOURT and they will get proven wrong again - but they won't listen. AFRICAN CULTURE - The chief will decide and he only. Like Swaziland's king or Mugabe. Mugabe even decides - like other AFRICAN ex-leaders - that they have NOT lost an election.

  • Ubabamkhulu - 2011-12-01 12:52

    Eish Bra Jacob, why not just run it pass the opposition first. Make them part of the process. Now you and I have to pay for your stupid appointments!!

      H - 2011-12-01 13:13

      The ANC does not understand democracy, and even more than the apartheid Nats, they believe "might makes right". Until they understand democracy, they are doomed to make fools of themselves like this, time and again.

  • maraup - 2011-12-01 12:58

    this decision teaches politicians, that there's a fine line btwn LAW and POLITICS u can't take a legal decision based on polotical views and/or interests. I await for more debate on all decisions made by our Pres based on LAW

  • Alva - 2011-12-01 13:18

    Good on the DA! ANC doing everything possible to cover their asses!

  • Kobus - 2011-12-01 13:31

    Time to remove the clown that appointed him in the firts plce!

  • nicn44 - 2011-12-01 13:32

    great news, anyone with 'goat eyes" not to be trusted. Radebe next

  • djmain1 - 2011-12-01 13:40

    Another Zuma yes-man falls. Phansi cANCer, phansi!!!

  • pmachaba1 - 2011-12-01 13:41

    there are some people who try to run this country through the Courts..we will deal with this Courts, watch the space

      Cracker - 2011-12-01 13:44

      You will not.

      Xenon1 - 2011-12-01 13:53

      @ pmachaba1:"...we will deal with this Courts, watch the space; You are a joke. This is what happens when the ruling party does not respect or understand the laws of the country which they are supposed to uphold and implement. Show us how you will deal with the courts other than loading the bench with party sympathisers so that they can uphold crooked and inept decisions by this government.

      H - 2011-12-01 14:27

      The problem is those who try to run the country in defiance of the courts.

      Bernard - 2011-12-01 21:38

      You are a legal advisor and this is your attitude! What a moron you are.

  • Brendan - 2011-12-01 13:46

    The fish rots from the head down ...

  • Nick - 2011-12-01 14:34

    Thanks to the DA there are some good things coming to the fore in SA, precisely why the Bill was passed by a bunch of brown nosing,spineless, uneducated,self enriching people with no logic. Do they know what a "thought Process" is?

  • phorane.thokoane - 2011-12-01 17:42

    Oh no!!! We are still live on set....... Zuma must be thinking this right now....... I know that he was hoping this matter would die a slow and silent death...... The long arm of justice........

  • Clive - 2011-12-01 19:04

    Who is Zuma's legal adviser - Julius Malema? Recently some of his appointments to the ArmsDeal probe were found to be not right and proper. The finger needs to be pointed at so-called Justice Minister Radebe, who has been a total failure in every portfolio he's occupied since 1994. Clearly he has something on the ANC's top brass to still be in cabinet.

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