Menzi Simelane ruling a victory: DA

2011-12-01 15:30

Cape Town - The Supreme Court of Appeal's (SCA) ruling that National Prosecuting Authority (NPA) head Menzi Simelane's appointment is invalid is a victory for constitutional democracy, the DA said on Thursday.

Given the court's emphatic ruling, the Democratic Alliance hoped President Jacob Zuma would do the right thing and relieve Simelane of his duties, party leader Helen Zille told reporters at Parliament.

In his ruling, Judge Mohammed Navsa set aside Simelane's December 2009 appointment by Zuma on the basis that it was "inconsistent with the Constitution and invalid".

It ordered the president, Justice Minister Jeff Radebe, and Simelane to jointly pay all costs related to the case in both the SCA and the earlier hearing in the North Gauteng High Court.


Zille said Navsa was scathing in his dismissal of Zuma's arguments.

For example, he said: "I accept that the president is a very busy man, however, when he is dealing with an office as important as the NDPP, then time should be taken to get it right.

"The minister and the president both made material errors of fact and law in the process leading up to the appointment of Mr Simelane.

"It is clear that the president did not undertake a proper inquiry... On the available evidence, the president could not have reached a conclusion favourable to Mr Simelane, as there were too many questions concerning his integrity and experience."

Zille said the DA had opposed Simelane's "unconstitutional and unlawful" appointment from the outset.

Simelane was on record as believing, among other things, that the NDPP should be accountable to the director general of justice and not be independent, as required by the Constitution.

He had also disputed that the Constitution guaranteed the independence of the NPA, and stated it was legitimate for the minister to determine whether a prosecution was in the public interest and should proceed or not.

Zille said: "The president, in our view, appointed Mr Simelane because he needed an NDPP that had proven to be pliant to the wishes of the executive."


This was part of the "Zumafication" of state institutions to shield the president, Zille said.

"It followed the suspension of Vusi Pikoli, who refused to bow to the president’s wishes, and the subsequent inexplicable decision of acting NDPP Mokotedi Mpshe to drop the corruption charges against Zuma on the eve of the 2009 election."

That was why Thursday's judgment was of such profound significance.

"It shows that our constitutional democracy can work to prevent the interference of politicians in our state institutions designed to protect people against power abuse," Zille said.

However, this was not the end of the matter.

The SCA’s judgment would now go to the Constitutional Court for confirmation and Zuma and Simelane had the right to lodge an appeal.

The case was likely to be heard in the new year, Zille said.

  • Ovie - 2011-12-01 15:35

    Good News. Next criminal to lose his/her job?

      Ann - 2011-12-01 15:47

      Well done Helen and the DA. Keep the pressure up where it is most needed. I am a staunch supporter of justice!

      StarStruck - 2011-12-01 15:50

      ZILLE for President!!!

      Brad - 2011-12-01 16:01

      I may not be the biggest DA fan but well done to them for trying to keep our country on the right path. May justice and the Law prevail.

      Myancmyfuture - 2011-12-01 16:14

      All the decisions made by the Presidency are questioned, its time Juju takes over

      Poloyatonki - 2011-12-01 16:30

      What a small victory, I cant even feel it....

      Terry - 2011-12-01 16:42

      @Polio-donkey - you just too stupid to understand what this means but let me explain in basic terms. It means that your president is too stupid to do things properly, and he stuffed it up ..... again!

      Kosie - 2011-12-01 16:47

      @ poloy, wake up man, the DA is trying to get rid of the corrupt, hopefullythe anc will wake up and start employing the right person for the job. p.s. why dont you go home and plant some grass around your house...

      Mpho Ndlovu - 2011-12-01 17:23

      Poli buddy, do u have 2 feel it? N look sana, it has nthng 2 do with da europeans taking over this cnuntry... Wake up man, its my party too but it doeznt serve me any good if corruption is da prominent feature in my organisation, i hevnt voted 4 dat or did u?

      Mpho Ndlovu - 2011-12-01 17:23

      Poli buddy, do u have 2 feel it? N look sana, it has nthng 2 do with da europeans taking over this cnuntry... Wake up man, its my party too but it doeznt serve me any good if corruption is da prominent feature in my organisation, i hevnt voted 4 dat or did u?

      Mpho Ndlovu - 2011-12-01 17:23

      Poli buddy, do u have 2 feel it? N look sana, it has nthng 2 do with da europeans taking over this cnuntry... Wake up man, its my party too but it doeznt serve me any good if corruption is da prominent feature in my organisation, i hevnt voted 4 dat or did u?

  • Larry - 2011-12-01 15:39

    Great news, We need the same to happen to quite a few more of these crooks and clowns.

      StarStruck - 2011-12-01 15:48

      @Sganja - LOL!! you are a blind person. Blind because you still believe in the ANC and what they stood for. You should know that they decided to jump ship and are now sailing to treasure island and leaving you behind.

      Deon - 2011-12-01 15:50

      This is not China, Sganja.

      deabreu - 2011-12-01 15:56

      The DA is the only political party who has a supporter base with eyes, ears and brains! The rest are just the blind following blind, and the stupid educating the stupid. But racists will always be like that unfortunately. Greedy little racists who want, want, want but don't know how to think.

      Bob - 2011-12-01 16:26

      Sganja, you are dribbling again, just keep your mouth shut and it will stop.

      phillip.havenga - 2011-12-01 18:08

      Sganja, that smell that you keep on smelling is the sh*t you keep talking. Wipe off your upper lip and go climb back into the hole you were sh*t out of.

  • joeballito - 2011-12-01 15:46

    D.A. on a roll today,Durban street names as well! It wont be long then we rename the streets of Durbs back again.They have taught us the trick.D.A. forever!

  • Andrew - 2011-12-01 15:52

    Another great example of Zuma's incompetance and what a wonderful example for the president to set with all the foreign dignatories in COP with all the foreign dignatories from 190 countries. I wonder what they think of him as a president but I presume the ANC don't care.

      Peter - 2011-12-01 16:36

      Guess Mac didn't do his job so well, eh Zuma? Guess who is next to go. Well done DA you're cooking with gas, as the saying goes.

  • Kay - 2011-12-01 16:05

    VIVA DA. VIVA ZILLE. Hopefully our new president one day :)

      Poloyatonki - 2011-12-01 16:41

      Dream on, no Europeans will lead African country again.

      Maai - 2011-12-01 16:45

      @Poly you obviously dont understand how AIDS works do you?

      phillip.havenga - 2011-12-01 18:09

      Poloytanki you dimwitted and feeble minded little fool, it doesn't matter what race the leader of the country is as long as they do a proper job and aren't corrupt liars like the cANCer leaders.

      H - 2011-12-01 19:16

      Quite correct Poly. However, a patriotic South African like Helen Zille will lead very well.

      Stephan - 2011-12-01 19:28

      Polo! It is now 20 years since apartheid was demolished, and stop been such a racist! This country will never prosper because of people like u and the current leaders who u follow! By the way they actually don't give a damn about you and only their own bank accounts. Let's honestly get over this black and white issue. I was born in South Africa and that makes me an Arfrican just like any black person that was born in South Africa, not a European! Do u want this country to go through what Zimbabwe and other African countries have gone through, as this what is happening. The point of democracy is to vote for the people you think can do the job hey where voted for, not whether they are white or black!

  • Deon - 2011-12-01 16:09 Check this out,nothing to do with the article, just need you all to see it!!!

      Mike - 2011-12-01 17:08

      Aids is not working fast enough. I thought a couple of million would be gone by now, but not working as well as I thought

  • Roy - 2011-12-01 16:10

    Very good news now we can expect that he,Simelane will get the "golden handshake" so that he can "sue" the government and also get millions.

      Linda - 2011-12-01 16:45

      Also paid for by the taxpayers! Its all very well for the court to grant costs against the government - but once again the taxpayers pay. The judgement should be against the minister and president in their personal capacities - but not that this would make any difference - they would find a way to still make us pay - another "lease"or "consultancy"......

      Mpho Ndlovu - 2011-12-01 17:03

      Sure we can expect dat, wht a waste of da scarce resource whn dey have 2 deliver sm basic services, given da choice, i culd prefer 2 b fired n b given a platinum handshake anytime, it luks like da new money spinning show in sa after da lotto.

  • Andre - 2011-12-01 16:18

    Helen you Sweetness

  • L'Armstrong - 2011-12-01 16:18

    What are the implications or validity of all (official) made by the person who has been declared unfit to hold office? Does the ruling implicate that the decision to prosecute made by Adv Simelane will be subject to review? This ruling becomes an interesting one in SA (legal) politics.

  • Andre - 2011-12-01 16:30

    Proof that Zuma should have been in jail with his buddy Shaik and not the president of this beautiful country. What a flippen disaster and shame!

  • L'Armstrong - 2011-12-01 16:43

    What are the political and legal implications / validity of all decisions (in official capacity) made by the person who has been declared unfit to hold office? Does the ruling implicate that all prosecutorial decisions made by Adv Simelane are subject to review? The ruling by the SCA is interesting in SA legal politics.

      Mpho Ndlovu - 2011-12-01 16:54

      U have a question there that needs 2 b answered(reviewed) Hey! Is der sm1 in here who can answer?

  • Motho - 2011-12-01 16:51

    Hopefully, the President will apply his mind correctly when making other appointments in the future.

      Atholl - 2011-12-01 18:19

      ' the suspension of (Adv.) Vusi Pikoli, who refused to bow to the president’s wishes' Another judgement that is connected to this SCA judgement is the 'Glennister Order' which compels the Justice dept to separate the 'Scorpions from the Police' as an independent institution. ... so ... by implication ... Adv. Pikoli should be reinstated (with full backpay, overtime, double time, long leave, sick leave, Sunday time, Holiday pay ... etc) as an 'Independent Chief of an Independent Prosecution'

  • rory.short1 - 2011-12-01 16:53

    It is said that a fish rots, i.e. goes bad, becomes corrupt, from the head down. JZ has been under suspicion of corruption since before becoming president and what have we seen since he became president, deliberate efforts to corrupt state institutions whenever the opportunity offered.

  • phillip.havenga - 2011-12-01 18:10

    Poloytanki you dimwitted and feeble minded little fool, it doesn't matter what race the leader of the country is as long as they do a proper job and aren't corrupt liars like the cANCer leaders.

  • Joseph - 2011-12-01 18:32

    Mugabe was made by the west,Zuma is being pushed to behave and act like Mugabe.Its easy to create a dictator but difficult to unseat a seating dictator who is to blame.Lets hope your challenges will not create an unstable society.Powers need to be separated,it seems the Judicial is playing an opposition to the ANC,that will be bad.Courts should not be used by the opposition to settle political scores.I hope the DA is not getting instructions from the German governmant to work towards unseating the ANC through the courts as they are perseved to be against the ANC and the governmant in particular.It happened with Mugabe until such time that Zanu PF decided to change the constitution which saw scores of white farmers loosing millions if not billions,i hope the DA and their backers the Germans are not pushing the country to the Zim and Mugabe situation.The only option the DA and the Germans have is to create instability in the country which wil push the west to invade South Africa in the name of democracy and protecting human rights like what happened in Iraq and now Libya.I hope the DA and its German allies are not planing to destabilise South Africa to gain the presidency via the western aid than through the ballot box,which i think the DA will not be able to do or rule SA in our life time.

      Mike - 2011-12-01 20:18

      Joseph you seriously don't understand the separation of powers nor do you understand that this judgment was a victory for our constitutional democracy. Your post smacks of conspiracy and not a good one either!

      Joseph - 2011-12-01 22:51

      Daniel Dennett-it seems you do not understand the work of dictators,under dictatorship there is no constitutional democracy you are currently enjoying.If you can not understand this then something is wrong with the way you analys the situation.Remember we are not in Europe were you think things can be done the European way,think again my friend may be you can see the light of my fears under dictatorship rule.You are the first to suffer under such condition,for the majority there will be no difference as we are and have suffered before.We are used to suffering as we suffered alot under white minority rule whilst you were enjoying the fruits of minority rule.I am raising these fears to alet who ever can listern that we do not want you to experiance or go through the suffering the majority endured during white minority rule.These shows i like you and would like to live side by side with you without any fear of the unknown.So we need to preserve this little democracy without using courts to settle scores or to make some one suffer or feel unwanted in our society.There is a need for our courts to respect excutive powers as the elected,our courts are there to guide the excutive not shoot down the excutive as they representative of the majority rule thats what our courts should do if we are serious about our constitutional democracy.What our courts are doing will lead to anarch something me and you will not like.

      Joseph - 2011-12-01 23:00

      Its on record the DA and Cope are being persuded by the German governmant,the German finance minister inparticular to form an allaince which they will finance and support as an alternative governmant in South Africa.There is no conspiracy about these.Check Sunday World 27 November 2011 that is if you believe the and trust the print media

      Mike - 2011-12-01 23:19

      No Joseph your posts have no substance, the courts are not political nor are they capable of being so. they are bound by principle it is their foundation. The judgment would have been the same irrespective of the party, the president. On the evidence before them the president could not have applied his mind correctly. All you saw was the implementation of the constitution. The DA was not victorious only the people of SA, all of us. We expect the courts to do their job without preference to anyone. You argument fails on the very criteria you base it on. The moment I see a comment that the courts are against the ANC, simply enforces the fact that you have failed to understand how a constitutional democracy actually functions. You cannot back that statement up with proper critique of the entire judgment. Read the judgment and then tell me where you have more knowledge about legal principle and you views are superior to 5 Supreme Court judges.

      Joseph - 2011-12-02 00:20

      Daneil-Our courts should be there to guide the excutive not make them look like they do not think,your arguments are based on the fact that you like and supports the DA not the prinsiples our courts should adere to.let me give you one case were the courts acted in the best interest of our democracy that was the disbandment of the scopions.The Constitutional court ruled and gave the excutive the directive to follow in order for them to correct and amend the act used to disband the scopions,that was done in the best interest of our constitution and democracy.for the courts to rule and say the president of the republic was wrong and he did not apply his mind is not in the best interest of our country and our constitutional democracy.My main point is lets not use our courts to settle political scores as that will pave way for anarcy which i think you and me will not like.Politicians are very dangerous given the fact that if frustrated will act or do anything to restore their credibility that alone will not serve the purpose which we all want to see.

  • Cracker - 2011-12-01 20:25

    The country cannot allow the annexation of the justice system by the few for the benefit of the few. Urgent transformation back to sanity and fairness to all citizens is required.

  • Sandy - 2011-12-01 21:16

    Well done DA for keeping the pressure ... hopefully part of the ring of steel JZ wants to build around himself is now weakened , next his wily crooked friend/ lawyer now advisor Michael Hulley must be disbarred for his hand in the aurora mine debacle ..another ally down ,,

  • pages:
  • 1