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Court rules against Menzi Simelane


menzi Simelane dec 1

INLSA

Menzi Simelane

The appointment of National Director of Public Prosecutions Menzi Simelane by President Jacob Zuma in November 2009 was invalid, the Supreme Court of Appeal ruled on Thursday.

The court found Zuma's decision was inconsistent with the Constitution if read with the National Prosecuting Authority Act.

The SCA made a unanimous decision to set the appointment of Simelane aside.

The judgment reads in part: "It is declared that the decision of  the President... on or about Wednesday 25 November 2009, purportedly in terms of section 179 of the Constitution..., read with sections nine and 10 of the National Prosecuting Authority Act  32 of 1998, to appoint Mr Menzi Simelane... as the National Director of Public Prosecutions... is inconsistent with the Constitution and invalid.

"The appointment is reviewed and set aside."

The judgment follows an appeal by the Democratic Alliance against Zuma's appointment of Simelane. - Sapa

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Amatshevane, wrote

IOL Comments
03:03pm on 1 December 2011
IOL Comments

I am becoming too stupid to understand the whole saga. Can somebody, please explain to and enlighten me as to how valid were the decisions Menzi took in his capacity as the National Director of Public Prosecutions? What then happens to those matters, the results of which were influenced by the desions of the NDPP whose appointment has been found by the SCA to be invalid? Somebody save my Soul, please.

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CAD, wrote

IOL Comments
03:03pm on 1 December 2011
IOL Comments

watch moegeng moegeng overturn the decision .

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TOKYO3991, wrote

IOL Comments
02:55pm on 1 December 2011
IOL Comments

Gotta love the bluster and indignation of the sorely ignorant and supremely uninformed... superb job by Helen and her team!!

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Deena Naidoo, wrote

IOL Comments
02:40pm on 1 December 2011
IOL Comments

Ingy, you are so correct. I at times, also submit replies in the comment section, and, it does not get printed. Menzi, I also considered unsuitable for serving the public in this high profile job. Aren't there any other Indian, Coloured or White that's qualified to fulfill this task, OR, is it god's will that a black is more fitting.

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Anonymous, wrote

IOL Comments
02:39pm on 1 December 2011
IOL Comments

@JR Platinum is less than gold currently , so golden handshake in this case.

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Anonymous, wrote

IOL Comments
02:34pm on 1 December 2011
IOL Comments

Well done DA...............Yayyyyyyyyy

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zz, wrote

IOL Comments
02:36pm on 1 December 2011
IOL Comments

This might just look like a case of a special cause, but the behavioural pattern might suggest otherwise - a common cause.

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zz, wrote

IOL Comments
02:36pm on 1 December 2011
IOL Comments

This might just look like a case of a special cause, but the behavioural pattern might suggest otherwise - a common cause.

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William, wrote

IOL Comments
02:35pm on 1 December 2011
IOL Comments

I want mr Bulelani Ngcuka to be reappointed or Pikoli

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Anonymous, wrote

IOL Comments
02:28pm on 1 December 2011
IOL Comments

Zuma couldnt apply his mind past standard 3!

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Thandokuhle, wrote

IOL Comments
02:17pm on 1 December 2011
IOL Comments

The very notion that two courts ruling under one constitution can be miles apart affirms the reality that some courts want to ensure that the executive is submisive to their powers, this constitution was a compromise, we all know that, which is why we still have a society so unbalanced. I can bet the highest court will turn the very ruling around. There are opinionated individuals behind those corridors with political views thus there was case for Menzi. we can not be held to ransome by a constituion we created.

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Anonymous, wrote

IOL Comments
02:09pm on 1 December 2011
IOL Comments

The DA are ahving a good week! First the reversal of the street names in Durban and now this. May the DA go from strength to strength

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S A Patriot, wrote

IOL Comments
02:09pm on 1 December 2011
IOL Comments

Integrity,independence,accountability,responsibility.Some of the watchwords our so called leaders need to learn about.

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Anonymous, wrote

IOL Comments
01:56pm on 1 December 2011
IOL Comments

About time!Its time for even the president to realise that he has a responsibility and duty to the people of S.A. and he also needs to abide by the laws of our land!

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Cleo, wrote

IOL Comments
02:02pm on 1 December 2011
IOL Comments

Shouldn't it be a case of government abiding by the law? Not the law abiding by the government? That's why things go so wrong in a dictatorship when the ruler just does as heshe pleases. Thank goodness for the opposition parties and the media. If it wasn't for them the anc would just donner on regardless.

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Angry Dumi, wrote

IOL Comments
01:52pm on 1 December 2011
IOL Comments

Constitution, Judiciary and The media are used by the former oppressor to undermine the Black government. The black government is not ruling this country and never was..This makes mockery of this democracy and voting…

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avril, wrote

IOL Comments
01:54pm on 1 December 2011
IOL Comments

Totally amazing!! Exactly "how to pull that pin" is the key! Can we get the honourable Mr Moletse Mbekito have a workshop with these advisors to the president? Me thinks they do not know the finer workings of how a democracy is supposed to work. I will continue supporting the idiology of the ANC but I cannot continue to support their destruction of the very values that we fought so hard to obtain. Just appointing willy nilly without any regard for process is just PLAIN STUPID!!please can somebody of substance please please advise them before the hand grenade explodes.

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Anonymous, wrote

IOL Comments
01:48pm on 1 December 2011
IOL Comments

as long as we have zuma as our beloved country's president we'll see more and more of these embarassing situations. Moegoeng, Heath, Hofmeyre, Zuma himself etc. etc. the list is endless.

IOL Comments

avril, wrote

IOL Comments
01:51pm on 1 December 2011
IOL Comments

Totally amazing!! Exactly "how to pull that pin" is the key! Can we get the honourable Mr Moletse Mbekito have a workshop with these advisors to the president? Me thinks they do not know the finer workings of how a democracy is supposed to work. I will continue supporting the idiology of the ANC but I cannot continue to support their destruction of the very values that we fought so hard to obtain. Just appointing willy nilly without any regard for process is just PLAIN STUPID!!please can somebody of substance please please advise them before the hand grenade explodes.

IOL Comments

Anonymous, wrote

IOL Comments
01:51pm on 1 December 2011
IOL Comments

Zuma was spot-on. The DA is ruling through back door. Who challenged Zille when she went against the spirit of Gender Equality by appointing an all-male mostly white Cabinet in Western Cape. The ANC must wake-up.Transformation of Courts should be non-negotiable

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