Zuma withdraws Simelane appeal bid

2011-12-28 16:01

Cape Town - President Jacob Zuma has withdrawn his bid to appeal the court ruling that set aside his appointment of Menzi Simelane as national director of public prosecutions.

The about-turn came after the president, the justice ministry and Simelane filed papers to the Constitutional Court last Thursday challenging the Supreme Court of Appeal's finding that his appointment was unconstitutional.

In a letter dated Friday December 23 and of which Sapa has a copy, the state attorney informed the Constitutional Court that Zuma "withdraws an application for appeal".

He added that the president was also withdrawing an application to oppose the Democratic Alliance's application to the court to confirm the appeal court ruling.

In terms of section 167 (5) of the Constitution, the Constitutional Court has to confirm any ruling declaring legislation or an act of the president unconstitutional.

Constitutional law experts have pointed out that the matter was therefore heading for automatic review and questioned the ability of the government to lodge an appeal.

The appeal court on December 1 found in a unanimous and emphatic judgment that Zuma had failed to consider Simelane's appointment two years ago properly.

The DA on Wednesday welcomed Zuma's decision not to seek to appeal and said the change of heart signalled he has decided to replace Simelane.

"The fact that the president is withdrawing his appeal means in effect that he will abide by the decision of the SCA," said James Selfe, the chairperson of the party's federal executive.

"This must mean that he has decided to appoint someone else in this position. If this interpretation is correct, we trust that he will choose someone of unimpeachable character and proven experience."

  • mholthuysen - 2011-12-28 16:11

    About time he realizes that there is a Constitution in South Africa!

      Butch - 2011-12-28 16:43

      I agree with Mike , although I sincerely doubt whether the ruling party will ever terminate their corrupt actions

      Willie - 2011-12-28 18:01

      Is another blunder coming from Mr President.Who is coaching this man we call our President. It is high time the ANC recall this man,before he does something more specticular in terms of stupidity

  • Anthony - 2011-12-28 16:12

    OH, why? what has he done? another can of worms about to open.

      George - 2011-12-28 16:50

      The new person will have the SABS stamp of aproval

  • Moss Mphahlele - 2011-12-28 16:18

    Wake up JZ, your Legal Advice team is doing this deliberately because they need you out broer!! How many times have you fumbled?

      Sam - 2011-12-28 16:29

      Aaaaah bro I give up, this is conspiracy, Im so fuming and speachless

  • Sam - 2011-12-28 16:19

    someone is misleaqding the Pres dearly, there is strong case to argue, someones head must roll , on what grounds the appeal is withdrawn. Truly speaking the Pres house is on fire unless the ANC takes immediate actions, Gwede Mantashe must stand up with immediate effect or he must also step down to allow young blood that is more active, there is strong case in this appeal, oooooh damnnnn

      Cracker - 2011-12-28 16:23

      @ Sam What is so strong in the appeal? Those who read the judgment - it is available online - definitely won't agree with your view.

  • Joel - 2011-12-28 16:25

    This entire saga points to lack of imagination and leadership in the presidency. Simelane was appointed because he indicated a readiness to take instructions in prosecution matters from the executive, which means if he were told "now you may do all what you want but you do not touch Zuma, do not even think about going there', he would gladly oblige. Zuma must overcome his fear of prosecution and avoid making every appointment based on this matter. If he is clean, he has got nothing to fear but if he is not, all his dirty linen will still come out and people will ask themselves "how in the world did someone like this ever become president?". This question would have to be addressed to the ANC, but I am not sure if anyone in the ANC is prepared to answer it since many members of the ANC National Executive have decided to suspend their mental faculties. If there are still ANC NEC members who can still think straight, let them speak now or forever keep quiet. The country needs them to speak now before it is too late.

      Andries - 2011-12-28 17:56

      The effort to appoint someone who was not eligable, then the appeal when his legal advisors would have told him that it would be futile to do so (they are not legal fools), now this withdrawal - are all part of Zuma's and the top ANC cabinet ministers' opinion and plans that the Law must come under control of the President. They see the Law as another white controlled opposition party. That new state of affairs will happen no matter what anyone (including comrade Bizos) will say, and it is the first step to establish a Soviet-like police state. The police are already acting it they are above the law, and in time they certainly will be. That is hy so many thinking lawyers are leaving the Law as a career, or leaving the country.

  • Sam - 2011-12-28 16:33

    @Cracker - December 28, 2011 at 16:23 Thre is strong case, I dont need to preempt to you, for us who specialise on employment relations there is strong case to argue

      rowan.maulson - 2011-12-28 16:40

      Ummm no there isn't... Your Employment Relations experience doesn't hold true for positions such as this... The SCA ruling is pretty much airtight and the Pres is SOL on it.

      Mark - 2011-12-28 16:43

      Not strong enough, it seems @Sam. But perhaps you are right in a way. Zuma should have seen this coming, but obviously didn't. What does that say about him? Pathetic if you ask me.

      mikenortje - 2011-12-28 19:19

      Seriously Dude read Prof De Vos's take on this issue, there is no friggin case and the fact he wanted to appeal it would have cost us Tax payers all a lot of money for nothing, my goodness educate yourself!!!

      mikenortje - 2011-12-28 19:21

      Here is the link to the judgement, now if you know more or better enlighten us!!! jeeesh Darwin stuff happening in SA all day long enough to give me an anuresim

  • Patrick - 2011-12-28 16:40

    What?another wrong gear ? OOh! Please Mr. President why don't you fire everyone and appoint a new team of advisers in consultation with DA., Afriforum,Justice for All whites, Catholice for justice and peace a and all these minority groupings who are likely to embarrass u when u appoint anyone to work for the government.I don't blame you case u know that the courts are Black unfriendly. No one from the ANC or government will come out smiling after the hearing of any case. Ask yourself as to where were these minority groups during apartheid.More is still to come watch out

      Geronimo - 2011-12-28 16:52

      The Constitution treats everyone in SA as equal (s9 of the Bill of Rights), and protects minority rights (s30 and 31 of the Bill of Rights). The Courts simply apply the Constitution as is their job. If, as you suggest, the Courts are systematically overturning the government's decisions, then you have to ask yourself why...

      colin.dovey - 2011-12-28 16:55

      More still to come?.......We are all waiting for what you seem to know....please get us out of our misery :-)

      Errol - 2011-12-28 17:09

      Dear dear dear dear Patrick... I have no words to express/and or/explain your lack of vision of reality......

      Willie - 2011-12-28 18:06

      What's wrong with you WHAT ARE YOU SMOKING ? ,you just a naked ignorant south african. Concourt is supreme Patrick ,get it into your head from today "CONCOURT IS SUPREME NOT ANC",REPEAT THIS STATEMENT A MILLION TIMES

  • Patrick - 2011-12-28 16:55

    The courts are no go area for either the government or african. Well done u saved yourself from another embarrassment.stop transforming the judiciary and revolutionariez. Call back malema to help you because now u are defenseless and vulnerable in the face of these calculated attack on our fragile freedom. If you do not heed my advice you will regret. Someone in the minority group is compiling a case against you for corruption charges which were withdrawn against u by Mpye. As soon as u step down as a president you will be hauled before the court to answer charges for general corrupt relationship with Shalk. That is why the ANC needs to focus on building unity than jolting forositions

      Geronimo - 2011-12-28 16:58

      Aren't we all Africans?

      colin.dovey - 2011-12-28 16:58

      Now we are all even MORE miserable....please tell us about 'jolting forositions'

      lerumo.mkhonto - 2011-12-28 18:50

      Patrick Malungana, your "white gevaar" tactics are out-dated. South Africa is one and we are trying to consolidate a nation here. You and your Julius Malema type are not helping. Are you a tenderpreneur? I can bet yes. If not then I can't see why you do not realise that you are doing the bidding of those who are well seated and who see the unity of all South Africans as threat to their unjustifiable gains.

      Spotty - 2011-12-29 11:18

      @Geronimo - apparently, one has to be "black" to be "african". Also, apparently, only "whites" can be racist. Haven't you noticed ?

  • Sam - 2011-12-28 16:58

    Zumas failure wont change the govt, it will change only within the ANC if Zuma goes MALEMAs administration is ready, Im quiet certain there will be action against someone, those whose thumbs are down will be up within a second

      colin.dovey - 2011-12-28 17:06

      When using the "thumbs up" we need to know which one you are talking about Sam - While doing a thumbs up, if the hand is wagged from side to side in a reverse-pendulum like movement, it means "won't work" or "disagree". :-)

  • Alva - 2011-12-28 17:01

    Wonder who will replace Simelane? Zuma's government is not unlike the soccer body. They too could not interpret the rules.

      Mantsho - 2011-12-28 21:35

      l think maybe Beki Cele,

  • Errol - 2011-12-28 17:07

    Oh dear are running out of cadres to protect you!!!!!

      Sam - 2011-12-28 17:15

      unfortunately Zuma is doing very slowly we need MALEMAs administration like yesterday

      Mantsho - 2011-12-28 21:40

      Yes, l hope everybody cannot wait for our country to be like Zimbabwe.

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