Menzi Simelane keeps job, for now - dept

2011-12-01 22:10

Cape Town - Prosecution head Menzi Simelane will stay on until the Constitutional Court confirms an appeal court ruling setting aside his appointment, the justice ministry said on Thursday.

"Advocate Simelane does not immediately have to vacate his post until the Constitutional Court hears the matter and decides whether to confirm the ruling or not," justice ministry spokesperson Tlali Tlali said.

The Supreme Court of Appeal found that President Jacob Zuma's decision to appoint Simelane as national director of public prosecutions in 2009 was inconsistent with the Constitution and invalid.

Tlali cited section 172 (2) of the Constitution which states that an order of unconstitutionality holds no force unless it is confirmed by the Constitutional Court.

He said the government had yet to take a decision on whether to challenge the appeal court's unanimous ruling in the higher court.

"We would like the opportunity to fully understand the implications of this judgment and come to a determination of what our legal attitude to it will be."

  • Doublepost - 2011-12-01 22:20

    Oh, for frek sake! I know the ANC don't like admitting they were wrong but come on. Can't they just suspend him on full pay? Like they do with all their other corrupt bruthas. Now he will continue to work and all his decisions will have to be reversed when the con court upholds the SCA ruling. All at tax payers expense, nogal!

      Phuti - 2011-12-01 22:31

      B positive for a change;the news here are always one sided don't u guys get bored or u r just stereotyped.In order for 1 to learn one has to think and act differently.y bash ANC all the time.Ther is no education here.

      Doublepost - 2011-12-02 00:35

      Making fun of the ANC's many failures is a past time for millions of South Africans. How dare you criticise our culture!

  • Mike - 2011-12-01 22:24

    Now let's see how the Chief Justice plays this, it's going to be pivotal to his credibility.

  • Ryan - 2011-12-02 04:00

    I'm really glad there are still unbiased, autonomous courts in the country. obviously the ANC would like to change that, rather than have to deal with unwelcome verdicts like this

  • Atholl - 2011-12-02 04:27

    Less than 30 days ago the 'popular President' Zuma said : 'The powers conferred on the courts could not be regarded as superior to the powers resulting from a mandate given by the people in a popular vote' Maybe the 'popular president' can test the the principles of the rule of law, the separation of powers, and judicial independence and ==> ... use his 'popular power' ... to initiate a 'popular appeal' ... with the 'unpopular concourt' ... and to override the 'unpopular constitution' ... which 'unpopular constitution' put the 'popular president' in his 'popular position'. ... and which 'popular president' swore a 'popular oath' to protect the 'unpopular constitution' That's how 'popular Mugabe' rubbished his own 'unpopular constitution' Maybe the 'popular president' will discover that the 'unpopular constitution' is bigger than first thought.

  • CALAMITYSA - 2011-12-02 05:44

    "We would like the opportunity to fully understand the implications of this judgment and come to a determination of what our legal attitude to it will be." As expected - He/They just do not LISTEN. The implications of the judgment is clear - what they HAVE to understand is the CONSTITUTION. But then - the constitution is too far removed from AFRICAN CULTURE. Please stop it in MY lifetime and admit wrongs - why argue and debate? All the DEBATES can never condone the mistakes? In plain words - don't disclose your ignorance!

  • Van - 2011-12-02 06:11

    I think old tlali got it wrong. An acting chief needs to be appointed. Moegeng needs to bow down to da master now.

  • Dewdawn - 2011-12-02 06:25

    In all reality the ANC should 'hear' JZ's side and then bring a DC against him for continually bringing the struggle organization into disrepute. Wonder why he is allowed to get away with the skandaal he brings to the ANC and the country. What a super defence this idea is for Juju mmmmm???

  • swavka - 2011-12-02 08:08

    Talk is cheap - when have you heard of the government doing anything because the populace had spoken - Info Bill/Toll gates just to name two that are very much in the media at the moment. Simulane will still be at his job next year - it has taken two years to get this far it will take another two years to get him out, that is after the election. Juma would have by then paid his dues to Simulane and he will be free to go with a Platinum handshake.

  • Yar - 2011-12-02 08:32

    Menzi Time to take a hike. Make way for a real prosecutor.

  • William - 2011-12-02 10:40

    Doublepost!! I think you are missing the point!!! Knowbody is having a go at African Culture, which we all would agree is something to cherish and uphold. The ANC and its officials are what are being criticized!!! They are making a mockery of there own culture!!! If Olviver Tambo was alive today he would certainly be very disappointed in the way the ANC have dragged a once proud orginisation down. The ANC' ideals and morals are so corrupt now that they are way beyond the respect of the great party they once where!!!

  • CALAMITYSA - 2011-12-03 11:49

    "We would like the opportunity to fully understand the implications of this judgment and come to a determination of what our legal attitude to it will be." Zumps - You had the opportunity to KNOW that your initial decision was WRONG. If you rather listened then in stead of being obstinate about the appointment, you could have saved the country R millions. Rather make a better decision about your soulmate, Shabir. Tell us what is right about that situation. Maybe you also do not understand the implications of that decision. And we can go on and on. Please LISTEN to reason and do not force your MP's to vote against their conscience.

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