FORMER Speaker of Parliament Frene Ginwala is not a judge and her findings on National Prosecuting Authority (NPA) boss Menzi Simelane should not be taken seriously, the Constitutional Court heard yesterday.
Lawyers representing Simelane argued that an excuse by the DA that Simelane is not fit for the job based on a report Ginwala compiled in 2008 should be dismissed.
Ginwala's report into former NPA boss Vusi Pikoli's fitness to hold office criticised Simelane's conduct and raised questions about his integrity.
She found Simelane had tried "to unlawfully interfere with Pikoli's prosecutorial independence".
Despite the findings, President Jacob Zuma went ahead and appointed Simelane as the National Director of Public Prosecutions (NDPP) in December 2009. Now the DA wants the highest court in the land to declare Simelane unfit for the office and is using this excuse, among other concerns, to argue its case.
Marumo Moerane, who represented the State, said Ginwala was not a judge and findings contained in her report were neither here nor there.
He said both Zuma and Justice Minister Jeff Radebe, prior to appointing Simelane, were aware of the allegations contained in the report but did not take them seriously "because it was not necessary to do so".
Moerane, however, conceded that if the allegations were true, they would have impacted negatively on Simelane's suitability to run his office.
Another State lawyer, David Unterhalter, disputed that Simelane had interfered in dramatic events between Pikoli, former president Thabo Mbeki and former justice minister Brigitte Mabandla over the arrest of former police commissioner Jackie Selebi.
Last year Judge Mohammed Navsa of the Supreme Court of Appeal set aside Simelane's appointment on the basis that it was "inconsistent with the Constitution and invalid".
The DA initially challenged Zuma's decision to appoint Simelane in the Pretoria High Court. The court dismissed the application, concluding that Simelane explicitly stated that he believed in the independence of the NDPP.
Judgment was reserved.
Constitutional Court hears Simelane case
FORMER Speaker of Parliament Frene Ginwala is not a judge and her findings on National Prosecuting Authority (NPA) boss Menzi Simelane should not be taken seriously, the Constitutional Court heard yesterday.
Lawyers representing Simelane argued that an excuse by the DA that Simelane is not fit for the job based on a report Ginwala compiled in 2008 should be dismissed.
Ginwala's report into former NPA boss Vusi Pikoli's fitness to hold office criticised Simelane's conduct and raised questions about his integrity.
She found Simelane had tried "to unlawfully interfere with Pikoli's prosecutorial independence".
Despite the findings, President Jacob Zuma went ahead and appointed Simelane as the National Director of Public Prosecutions (NDPP) in December 2009. Now the DA wants the highest court in the land to declare Simelane unfit for the office and is using this excuse, among other concerns, to argue its case.
Marumo Moerane, who represented the State, said Ginwala was not a judge and findings contained in her report were neither here nor there.
He said both Zuma and Justice Minister Jeff Radebe, prior to appointing Simelane, were aware of the allegations contained in the report but did not take them seriously "because it was not necessary to do so".
Moerane, however, conceded that if the allegations were true, they would have impacted negatively on Simelane's suitability to run his office.
Another State lawyer, David Unterhalter, disputed that Simelane had interfered in dramatic events between Pikoli, former president Thabo Mbeki and former justice minister Brigitte Mabandla over the arrest of former police commissioner Jackie Selebi.
Last year Judge Mohammed Navsa of the Supreme Court of Appeal set aside Simelane's appointment on the basis that it was "inconsistent with the Constitution and invalid".
The DA initially challenged Zuma's decision to appoint Simelane in the Pretoria High Court. The court dismissed the application, concluding that Simelane explicitly stated that he believed in the independence of the NDPP.
Judgment was reserved.
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