Presidency to study Simelane judgment

2011-12-02 15:48

Johannesburg - The presidency would first study the judgment rendering the appointment of advocate Menzi Simelane as NPA head invalid, before deciding what to do, government spokesperson Jimmy Manyi said on Friday.

"The president will study the judgment, obtain legal advice and thereafter decide on what course to take," Manyi said.

The Supreme Court of Appeal ruled on Thursday that President Jacob Zuma's appointment of Simelane as head of the National Prosecuting Authority was invalid.

The justice ministry however said Simelane would not vacate the post he had occupied for the past two years, pending a review of the ruling by the Constitutional Court.

This position is based on section 167(5) of the Constitution, which gives the country's highest court the final say on whether a law or act of the president is unconstitutional, the ministry said.

The ruling was made after the DA challenged the appointment in 2009. This was after Simelane's conduct before the Ginwala Inquiry in 2008 into the fitness of his predecessor Vusi Pikoli to hold office.

  • John - 2011-12-02 15:53

    He should have studied Simelane before he appointed him!

      Mike - 2011-12-02 16:14

      agree John. Ag liewe donner, why do they always say " we will study the report and apply our minds before commenting" They study nothing and very rarely apply their minds.

      Willie - 2011-12-02 16:29

      Speedy Gonzales when appointing caders,when it back fires,"we are busy studying the report" Ga!!!!!!!!!!

      rbphiri - 2011-12-02 16:33

      This so called "study" should have been conducted prior to the man's appointment. Thus the president can avoid situations where he has to fire people publically to avoid further embarassement. He should be very critical when it comes to appointing certain individuals, it is hard to predict as to how a certain individual will behave once they have been appointed, but still if that critical decision of appointing someone solely lies on you, you need to be very sure about the candidates you appoint.

      Sheda - 2011-12-02 17:11

      Zuma "applied his mind" and now the judgement said that he did not apply it. Have I misunderstood or does that mean that he does not have a brain to apply or that he does not use the brain he has. Would you say, if a person applied his mind to something and then the courts decide that he did not aplly his mind, that he is a liar. I am so confused .......... i should be a president.

      Atholl - 2011-12-10 13:38

      The president has two minds - ... one, an ordinary mind for an ordinary world and ... two, a criminal mind for the criminal world The criminal mind acts impulsively to first achieve an objective in the unlawful manner ... then, if this mind fails :: the ordinary mind surrenders and acts to draw additional resources for the criminal mind to re-invent another unlawful solution that suits the criminal world. ..

  • ryan.macdougall - 2011-12-02 15:56

    well the answer is clear to me, find some one who is ethical and can do the job, this seriously cannot go to the constitutional court.

      Poloyatonki - 2011-12-02 16:35

      The best way to do it is to fire judge Mahommad for making wrong decision and reinstate Simelane...

      Hunter - 2011-12-02 16:48

      @Poloyatonki, you must be an ANC cadre to reason like that.

      Grant - 2011-12-02 17:46

      If it goes to ConCourt, the dude keeps his position for another couple years... Obviously more money still has to be poured into this!

  • rowan.maulson - 2011-12-02 15:56

    What exactly is there to study? The appointment was invalid, and this has been confirmed by the SCA... Sorry Showerboy, but you're S.O.L. on this one... you screwed up and the SCA has called you on it.

      Poloyatonki - 2011-12-02 16:39

      It must be studied, how can one muslim judge over turn the decision made by a group of law expect...

      Fourhundredkg - 2011-12-02 17:05

      Polo, the judgment wasn't by Mahommad, you racist pig. It was by 5 judges of the SCA: Navsa, Heher, Mhlantla, Majiedt and Plasket. Simelane was appointed simply to save Zuma's ass from prosecution. Looks like JZ might have to answer to those hundreds of charges for fraud and corruption after all.

  • Juicecard - 2011-12-02 15:57

    But we were told that the president"applied his head" before the appointment,now how ironic!

      Johann - 2011-12-02 16:19

      Now he lost it!

      stephen.david.clarke - 2011-12-02 16:21

      Which head though?

  • Lulama - 2011-12-02 16:00


  • Deon - 2011-12-02 16:02

    We all know he is going to study it for 60 days or more and then ask the C Council to make the final call. This could take another year or two.

  • ozzie.oz1 - 2011-12-02 16:02

    Should the president not have studied the dudes credentials BEFORE he appointed him - EISH!!!

  • Anthony - 2011-12-02 16:02

    F@£ked up AGAIN. no clue in what he,s doing.

  • Matthew - 2011-12-02 16:13

    Ah, yes. Needs time to 'apply his mind' lol

  • Squatter - 2011-12-02 16:24

    I'm not an Mbeki fan because of his Zim policies, but he must be enjoying the grilling this puppet is getting.

  • bheki.dingiswayo - 2011-12-02 16:26

    What we will be with DA? Who would have taken the govnmt to court?. I wonder who is advising the presided legally, all his decisions are being questioned. I really wonder?

  • mark.messina1 - 2011-12-02 16:36

    I thought Zuma was the the head invalid

  • Pieter - 2011-12-02 16:36

    With what education, and subject language, is he going to analyze a judgment made by judiciaries, with decades of law-training and expertise? With his standerd five education?

  • mbango.sithole - 2011-12-02 16:52

    I think the people of South Africa, in particular whites and the media are making a big mistake to criticise Zuma on evry twist and turn. I am a Zimbabwean but i think Zuma by being a moderate has served the nation very well. He deserves the praise due to a great leader. Unfortunately the judiciary has availed itself generously to be used by the opposition to govern thru the back do. If we look at the example of your neighbours Zimbabwe, the judiciary became a weapon against the ruling party and what we saw was no so good. It was reformed to be useless. South Africa risks that happening. By attacking Zuma, who is a moderate, south africans are only empowering his'enemies' and we know these will be too radical for comfort. The people of South Africa should be wiser. The president deserves his credit for the much he has done for South Africa given the limitations which constrain any other human being.

      Squatter - 2011-12-02 17:03

      I don't agree with you. He came into power with a string of corruption charges against him and they were all squashed and his accomplice was freed from jail. That says nothing about our politicians. Governing a country is a serious matter and as we seen with Zimbabwe, we don't need another madman to destruct the lives of millions. No, I'm sorry, I don't share your sentiments!

      Ken - 2011-12-02 17:12

      "The president deserves his credit for the MUCH HE HAS DONE for South Africa given the limitations which constrain any other human being" Please provide 1 (as in one) example of what he has done this "moderate who has served the nation very well"

      Mike - 2011-12-02 17:19

      Mbango I hear what you say but it is totally irrelevant. This is a constitutional matter and the personalities involved are also irrelevant, it's simply about constitutional principals

      Jerhone - 2011-12-02 17:27

      Great leader my a*se because you are used to sh*t governance in Zimdombwe you tell us that Showerhead is a moderate. He's a thief and a rapist we need honorable men in charge, now go p*ss off back to Zimdombwe and bow down to mad bob

      rory.short1 - 2011-12-02 17:54

      Appointing Simelane who has shown himself to be liar was not done in the interests of South Africa but in the interests of appointing someone who was subservient to politicians. That is the last type of person that you want as head of the NPA which must be above politics.

      mbango.sithole - 2011-12-05 13:43

      A great leader is one who unites the nation. Zuma has done that very well,considering the racial mix in South Africa and in the midst of pressure from a radical lot. For tht he deserves credit. He has shown that he is committed to democracy here and in africa and the world over. He doesnt deserve to be shot down on every decision. When you are the President, the responsibility for your decisions lie with you. You can only be judged when the issue fails not before, as has been the issue with many of the crticisms we have seen. They only serve to harden his heart only.

  • Henry - 2011-12-02 16:58

    Zuma? Studying? Am I missing something here?

  • ntuthuko.nzuza - 2011-12-02 17:05

    Zuma isn to be more confused at this point in time because every single attempt he perform to draw elements that will keep him safe from his internal enemies within the ruling party are being crushed several times. But in the true sense the appointment of Simelane was questioned byn the opposition at its primitive stage

      rory.short1 - 2011-12-02 18:00

      Exactly but that is in fact is not the role of the head of the NPA who is supposed to be serving the whole country not particular factions within it, our taxes pay his salary after all.

  • sefeddt - 2011-12-02 17:05

    Show it to Zuma's buddy Heath, get his opinion.

  • Jerhone - 2011-12-02 17:16

    Now what does this goatherder know about studying

  • Ken - 2011-12-02 17:20

    The difference between JZ and HZ is that HZ would not need to study the decision she is educated enough to know who has the skills to make a decision. If JZ had said we accept the SC decision he would have looked better. He is just a child in an old man's body.

  • Hugh - 2011-12-02 17:26

    aaah but John he is said to have a std 6 Bantu education. We all know the Old nats wanted to breed labourer not people who could read. So to answer your statement. He did not read nuffinck befoaw as he would not have understood a word.

  • Larry - 2011-12-02 17:35

    He could not study his Belly button, but luckily he has his mate Heath to study it for him and try to find him a few loopholes, like he did with the corruption trial.

  • rory.short1 - 2011-12-02 17:47

    Two things render Simelane quite unsuitable for heading the NPA. The first is that he lied to the Ginwala Commission, and that alone renders him unsuitable for the post but second he is also of the opinion that Chapter 9 institutions should be subservient to politicians. This completely negates the primary reason for the existence of these institutions which is to ensure that politicians obey the Constitution. Sadly I am not surprised that JZ and the Justice minister are considering their options instead of just accepting the Supreme Court's ruling. Simelane is responsive to political pressure so they want to keep him on board if at all possible. They do not care about South Africa or its future.

  • David - 2011-12-02 19:47

    This is why it is a good idea to make crucial appointments like this with meaningful consultation and consensus where possible among opposition and civil society groups: this is simply too important a position to have someone who inspires such mistrust. ANC politicians need to learn the difference between ruling the country and leading the country. A great leader like Nelson Mandela realised that making compromises on key or emotive issues enabled the country to move forward as a united rainbow nation. Sadly, the current generation of politicians seem to have lost sight of this.

  • proudlysa - 2011-12-02 20:28

    Apparently another rule was flouted with the Heath appointment. He is 66 and the retirement age is 65....I heard that on the radio today. Does anyone know more about this?

  • George - 2011-12-03 07:33

    " The presidency would first study the judgment" Joke of the year, uneducated vs educated

  • trompie1 - 2011-12-03 12:17

    Ironical.... belated intention to "study"...The setting aside of the appointment of the person evidently not being competent to be in the position was due to the fact that the honourable president and his so called "advisors" did not apply their minds properly i.e. did not do the necessary "studying"or research..due to THEIR gross incompetence... If there is anyone with a shred of integrity involved here the bad advisor would be forced to resign...OR THE PRESIDENT himself should do so... The risk of waiting for the Constitutional court to consider this judgement is that ALL actions by this Simelane parrot will have to be revisited...ex tunc...meaning from day one... it means we NEVER had a Director of Public Prosecutions.....the stooge incumbents' actions being invalid..and of no from day of "appointment". The appointment never was... being set aside. The Court of appeal gave with respect very convincing and unassailable reasons as far as the merits are concerned. The only reason for a Constitutional Court to differ would be if they fall for this presidents childish and unbased "arguments" that he is the boss and can ignore the Constitution and do as he other words the Concourt must be counted with the other stooges of unlearned president. This is the biggest scandal in any developed government in decades...A DISGRACE.. GO ZUMA...u are a shame and an embarrassment to all.

  • Judith - 2011-12-03 15:35

    Unfortunately leaders make mistakes....but lack of a formal education increases the probability of making this type of mistake....combine wit an insatiable hunger for a dictatorship.....

  • Judith - 2011-12-04 14:32

    Findings: [114] I accept that the President must have a multitude of daily duties and is a very busy man. However when he is dealing with an office as important as that of the NDPP, which is integral to the rule of law and to our success as a democracy, then time should be taken to get it right

  • Vic - 2011-12-10 07:18

    It was an invalid appoinment, so he must get the hell out! If it goes to the Constitutional Court, will probably take months, while Simelane rides the famous Gravy Train !

  • Rajesh - 2011-12-10 08:01

    It was really nice to study your post. I collect some good points here.

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