THE Democratic Alliance has renewed its campaign to get Menzi Simelane removed from his position as national director of public prosecutions following a Supreme Court of Appeal ruling that declared his appointment unlawful.
DA leader Helen Zille said yesterday that while the SCA judgment still had to go to the Constitutional Court for confirmation, it was untenable for Simelane, pictured, to remain in office.
"We don't believe it's tenable after a judge has said those things that he can continue to be in that position and take crucial decisions that will then be open to question and challenge," said Zille.
In his ruling, Judge Mahommed Navsa lashed out at President Jacob Zuma. He found that Zuma had failed to conduct proper due diligence and rushed into appointing Simelane as head of the National Prosecuting Authority.
Navsa also found that Zuma and Justice Minister Jeff Radebe, who had advised the president on the matter, had committed "material errors of fact and law" in the appointment of Simelane.
"When 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, the time should be taken to get it right," said the judge.
"It is clear that the president did not undertake a proper enquiry ... on the available evidence, the president could not have reached a conclusion favourable to Simelane, as there were too many questions concerning his integrity andexperience."
Navsa has also ordered the state to pay the legal costs of the case, which are estimated to be no less than R5-million.
Zuma appointed Simelane as South Africa's number one public prosecutor in 2009 in terms of section 10 of the NPA Act.
In 2008, the Ginwala Commission of Inquiry found that Simelane did not believe in the constitutionally guaranteed independence of the NPA and its head was independent from the director-general of the Justice Department.
The commission also found that Simelane could not be relied upon as a witness because his "testimony was inaccurate and without any basis in fact and in law".
These findings were used by the DA to build a legal case against Simelane's appointment as it argued that he was not "fit and proper" for the job.
Zille said the SCA "has now affirmed our original position".
DA renews fight to oust NPA's Simelane
THE Democratic Alliance has renewed its campaign to get Menzi Simelane removed from his position as national director of public prosecutions following a Supreme Court of Appeal ruling that declared his appointment unlawful.
DA leader Helen Zille said yesterday that while the SCA judgment still had to go to the Constitutional Court for confirmation, it was untenable for Simelane, pictured, to remain in office.
"We don't believe it's tenable after a judge has said those things that he can continue to be in that position and take crucial decisions that will then be open to question and challenge," said Zille.
In his ruling, Judge Mahommed Navsa lashed out at President Jacob Zuma. He found that Zuma had failed to conduct proper due diligence and rushed into appointing Simelane as head of the National Prosecuting Authority.
Navsa also found that Zuma and Justice Minister Jeff Radebe, who had advised the president on the matter, had committed "material errors of fact and law" in the appointment of Simelane.
"When 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, the time should be taken to get it right," said the judge.
"It is clear that the president did not undertake a proper enquiry ... on the available evidence, the president could not have reached a conclusion favourable to Simelane, as there were too many questions concerning his integrity andexperience."
Navsa has also ordered the state to pay the legal costs of the case, which are estimated to be no less than R5-million.
Zuma appointed Simelane as South Africa's number one public prosecutor in 2009 in terms of section 10 of the NPA Act.
In 2008, the Ginwala Commission of Inquiry found that Simelane did not believe in the constitutionally guaranteed independence of the NPA and its head was independent from the director-general of the Justice Department.
The commission also found that Simelane could not be relied upon as a witness because his "testimony was inaccurate and without any basis in fact and in law".
These findings were used by the DA to build a legal case against Simelane's appointment as it argued that he was not "fit and proper" for the job.
Zille said the SCA "has now affirmed our original position".
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