JOHANNESBURG - The Constitutional Court on Friday ruled that President Jacob Zuma’s decision to appoint Advocate Menzi Simelane as National Prosecuting Authority (NPA) head as invalid.
Last year, the Supreme Court of Appeal said the president’s decision was irrational after Simelane was accused of misleading the Ginwala inquiry while under oath.
Constitutional Court judges slammed Zuma’s November 2009 decision to appoint Simelane as national director of public prosecutions.
They said the Constitution demanded an objective test was applied, as to whether the person in that post was fit and proper.
Judge Zakeria Yacoob said, “dishonesty is the enemy of integrity”, and that failure to take that into account was not objective.
Judges unanimously agreed that Simelane could not be appointed to that post.
However, judges said the decisions taken by Simelane while he was in office were still valid.
The Justice Ministry previously argued that the SCA’s decision placed an illegal restriction on Zuma's powers, while Simelane himself said the court was wrong to claim Zuma's decision had to be reasonable and procedurally fair.
The Ginwala inquiry, chaired by Frene Ginwala, was established to determine whether Simelane’s predecessor Vusi Pikoli was fit enough to hold office.
The inquiry found that Simelane’s conduct as the then justice department director general was “irregular” and that his testimony was “contradictory” and lacked basis in fact or in law.
(Edited by Thato Motaung)