Simelane on special leave

going? Menzi Simelane
going? Menzi Simelane

President Jacob Zuma has given NATIONAL Director of Public Prosecutions Menzi Simelane special leave, presidential spokesman Mac Maharaj has said.

President Jacob Zuma has given NATIONAL Director of Public Prosecutions Menzi Simelane special leave, presidential spokesman Mac Maharaj has said.

Zuma withdrew the government's bid to appeal the court ruling that set aside the appointment of the prosecutions boss. Maharaj said yesterday that Justice Minister Jeff Radebe was dealing with the matter pending finalisation in the Constitutional Court.

Asked whether Simelane asked to be put on leave or had no say in the matter, Maharaj said: "It was originally requested by Mr Simelane, who then discussed it with the Minister of Justice and Constitutional Development (Radebe). That discussion was followed up by the president's decision to place Mr Simelane on special leave.

"The case has to go to the Constitutional Court because central to this case is a question dealing with the constitutionality of the president's appointment. We also want to know whether the decision by the Supreme Court of Appeal will be upheld in the Constitutional Court.

"Minister Radebe will also raise certain issues which will be known when the matter goes before the court."

Zuma's appeal followed the Supreme Court of Appeal's finding that Simelane's appointment was unconstitutional.

The about-turn came after the president, the Justice Ministry and Simelane filed papers to the Constitutional Court last Thursday challenging the Supreme Court of Appeal's finding.

In a letter dated Friday, December 23, a copy of which is in Sapa's possession, the state attorney informed the Constitutional Court that Zuma "withdraws an application for appeal".

The state attorney said the president was also withdrawing an application to oppose the DA's application to the court to confirm the appeal court ruling.

The appeal court on December 1 found in an unanimous and emphatic judgment that Zuma had failed to properly consider Simelane's appointment two years ago.

The DA yesterday welcomed Zuma's decision not to seek to appeal the court's ruling.

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