Simelane should pay costs of appeal - DA

2012-01-02 12:01

Johannesburg - The government should not cover the costs of Menzi Simelane's appeal against the ruling that his appointment as national director of public prosecutions was unconstitutional, the Democratic Alliance (DA) said on Monday.

DA MP James Selfe said in a statement: "Adv Simelane is obviously entitled, as anyone else living in a constitutional state, to appeal this judgement.

"But if he no longer holds a position as an official of the government, he is not entitled to fund his appeal at State expense."

Selfe said the notice of the appeal issued by the state attorney implied that the state would cover Simelane's costs.

"This constitutes an abuse of public funds, and Adv Simelane should either foot the bill for his appeal himself, or, like the President, abide by the decision of the SCA," he said.

The Supreme Court of Appeal ruled unanimously on December 01 that Simelane's appoint as national director of public prosecutions was unconstitutional.

President Jacob Zuma accepted the ruling on December 23 and appointed Simelane's deputy Nomgobo Jiba to act in the post.

Simelane was placed on special leave pending a review by the Constitutional Court of the ruling.

A date has yet to be set by the Court to hear the matter.

  • Comrade - 2012-01-02 12:11

    SOUTH AFRICA - Guiness Book of Records - Most Appeals in 12 month period paid for by a Govement. (Banana Republic)

      Squeegee - 2012-01-02 13:07

      "Special leave" - right, state funded holiday with benefits.

      An observer - 2012-01-02 14:23

      The DA is doing its job to oppose corruption in government. At least one part of government is doing its job.

  • sibusiso.mkoko - 2012-01-02 12:27

    The DA will from now on use the courts to rule the country. Nor fair on the ANC

      Comrade - 2012-01-02 12:33

      Because the ANC doesnt have a useful braincell betewwn the lot of them. ANC = DISASTER.... Thank the stars we have the DA and a independent judiciary - without them, we would be screw**d

      Marc - 2012-01-02 12:34

      The ANC (JZ) should apply its mind properly before making any decision. If the ANC stops the appointment of cadres and cronies then recourse to the courts will not be necessary. Idiot.

      djmain1 - 2012-01-02 12:37

      Only because the cANCer finds it too difficult to abide by the laws of our country. They are a law unto themselves. The rules that apply to us mere mortals somehow don't apply to them. If we didn't follow some set of laws, then we'd have anarchy. Perhaps that's what the cANCer wants so they can loot freely? Phansi cANCer, phansi!!!

      Anthony - 2012-01-02 13:25


      Garth - 2012-01-02 13:28

      Methinks s.m was taking the urine out of the ruling ineptocrats - or at least I hope so.

      Jonathan - 2012-01-02 13:39

      Not fair, ag shame. If the ANC had halve a brain cell this would not have been neccesarry. They (Zuma) have been warned but as usually they have to steamroller their decitions thru and this is what they got. If it was not for the DA and the independant courts this country would have been destroyed by the idiotic ANC morons.

      Cracker - 2012-01-02 14:02

      @ sibusiso.mkoko Another little piece of senseless propaganda reflected by your comment. The courts are there for other reasons than ruling the country. The DA and other parties who make use of the courts are NOT trying to rule the country that way. The are merely protecting the rest of us against abuse of our democracy. That's what our courts are there for. To help protect us ALL. May you never experience the helplessness of knowing that you have no redress or protection because some took away the judicial system's protective role and so also our democracy.

      Willem - 2012-01-02 15:49

      The ANC should abide by the rules and not leave themselves open to criticism by the courts. Not fair to criticise the courts because the ANC fouls up.

      craigtjames - 2012-01-02 20:17

      Well Sibusiso, somebody has to rule the country, as the ANC is not doing it. Spending too much time in spending YOUR money, and mine, and everybody else's. And honestly "not fair on the ANC" What they are doing is not fair on you or anybody else brother.

  • Jonathan - 2012-01-02 13:30

    Who pays for this special leave? - the SA Tax payers? Zuma does not have the intelegence to act according to the laws of this country. Now we have to pay for his stupidity again. How manmy times more. But we should not complain because you normally get the leaders that you vote for, again and again until they(ANC) has totally destroyed this country.

  • Garth - 2012-01-02 13:56

    `. . . the appeal issued by the state attorney implied that the state would cover Simelane's costs.' Something is rotten in the state of . . ., the blatant, above-the-law arrogance of the useless anc and their good-for-nothing partners must come to an end!

  • Robi - 2012-01-02 13:58

    For the government to give the president wrong advice, I think it is a mess. This proves why the services are not properly delivered. If the court can prove that the president took wrong decision, where were the advisors?. If the president proven wrong on this challenge, what about the decisions where he was not challenged.This is a mess and change is inevitable.

      Moss Mphahlele - 2012-01-02 14:07

      Don't blame Zuma, he was brought in by the looting elite & he has reached his sell by date, now they just want to embarass him!!

      Beetroot - 2012-01-02 14:14

      Has there ever been a case of correct advice? Or worse have they been right about anything?

      Phill - 2012-01-02 15:58

      Dear Robi. No matters how good your advisors areif you don't have brains you will always make blunders. Unless you expect his advisors to feed him as well. Listen to the man when whe he does not speak from a written speech. Such speech will be followed by a lot of damage control public relations. The man himself is an embarrassment to South Africa, a real liability.

  • Beetroot - 2012-01-02 14:11

    We have the DA with very strong wind and seas. You have the ANC and very corrupt and dishonest leaders. So its fair to say, we are happy down in the Cape.

  • Cracker - 2012-01-02 14:12

    If the State President deems an appeal inadvisable and it is proceeded with by someone else it can only mean either a tactical move to have someone else shouldering the burden and standing back with typical innocence, or it can imply that the someone else is ill-advised or simply doesn't mind as coverage and guarantees have been given. We need a law in this country that makes it obligatory that every politician and/or civil servant tasked with public decisions MUST justify their decisions and at the end of their tenure be subjected to some kind of investigation to determine if they have abused their positions. Why not? And if you don't like the law then stay out of politics and public office. Or if you are unable to justify your decisions, just leave. The rest of the country will not miss you.

      dawnkearsey5 - 2012-01-02 14:40

      I really liked this. Precise, concise and to the point. Impressive. People are very angry out there about the state of things in the government, but...unless they vote then we, as the minority, are helpless.

  • Robi - 2012-01-02 14:13

    Moss Mphahlele, you claim that others are pig,racist and not good in bed. By referring to racism and comparing others with pig, you become racist yourself. I hope you know the differrent between human species and animal species. Who voted you and your people as the most good in bed? I hopeif you can share with us.

  • Barbara - 2012-01-02 14:15

    Surely the point is Simelane has a job contract and is protected by the Labour Relations Act, notwithstanding the fact his employer employed him incorrectly. Maybe they should give him his 2 year's annual salary and pay him off for his "unfair dismissal" under the Act (like anyone else would get if they go to the CCMA), instead of waiting to negotiate a multi-million rand settlement that is politically improper. Oh, but then he will lose his financial standing within the ANC community that he obviously likes to swan about in.

      Cracker - 2012-01-02 21:22

      Not two years. Only ONE year and then only if it can be shown that the dismissal was unfair. Apparently, the whole appointment was invalid. That leaves a few interesting questions for exploration. Clearly the presidency will not oppose any actions brought by the ghost incumbent so we will never get a proper legal and reasoned decision to clarify the situation.

  • Butch - 2012-01-02 14:21

    officials should pay de bonis propris and should not be represented by state attorney - then state attorney officials should pay de bonis too.

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