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