Independent Newspapers
NPA boss Menzi Simelane. Photo: Sizwe Ndingane
President Jacob Zuma effectively fired the national director of public prosecutions after withdrawing an application on Wednesday to appeal against a judgment which found Menzi Simelane’s appointment invalid.
This means Zuma has given up the fight to keep his prosecutions head.
However, Minister of Justice and Constitutional Development Jeff Radebe will pursue the appeal
“Mr Jeff Radebe will pursue the matter, seeking clarity on various issues in the course of the mandatory Constitutional Court certification process, with the full support of the president,” Presidency spokesman Mac Maharaj said.
The judgment made by the Supreme Court of Appeal this month found the appointment of Simelane as national director of public prosecutions (NDPP) unlawful and unconstitutional.
In the ruling, Judge Mohammed Navsa set aside Simelane’s appointment in 2009 by Zuma, saying he understood the president was 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 judge ruled that the president, the justice minister and Simelane must pay all costs related to the case.
“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,” said Judge Navsa.
Zuma will now have to appoint a new NDPP.
The Presidency announced that Simelane would be placed on special leave and that the Deputy Director of Public Prosecutions, advocate Nomgcobo Jiba, would act as NDPP.
National Prosecuting Authority spokesman Mthunzi Mhaga said the NPA and Simelane had decided they would not comment until the process was concluded.
This would supposedly be when a new candidate was appointed and a decision made on whether Simelane would keep a job at the NPA.
As an active member of Twitter under the name @Simelaneme, the NPA head responded to @Plxaxx, who asked what he thought about the president withdrawing the appeal. He said: “As a respondent, a decision to withdraw is competent.”
The DA’s James Selfe said the party welcomed the president’s decision to withdraw his appeal.
He said the DA always believed Simelane was not a “fit and proper person” to be appointed to the position of NDPP and that the president had not followed proper procedure to make the appointment.
The withdrawal of the appeal must mean Zuma had decided to appoint someone else to the position.
“If this interpretation is correct, we trust he will choose someone of unimpeachable character and proven experience. The position of NDPP is absolutely central to the administration of justice in South Africa,” said Selfe. – The Star
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End of fight for Simelane