Simelane case: DA to seek leave to appeal North Gauteng High Court judgment
Last week, the North Gauteng High Court dismissed an application by the Democratic Alliance (DA) to have the decision of President Zuma to appoint Adv Menzi Simelane as National Director of Public Prosecutions set aside, on the grounds that Adv Simelane is not a "fit and proper person" to be appointed to this post.
The Democratic Alliance has studied last week's judgment carefully and has consulted its legal team. We believe we have a strong legal case and that another court could well come to a different conclusion.
The case concerns issues that are of such critical importance to the future of our country and to the integrity of our legal system that we believe we have a responsibility to appeal this judgment. We will accordingly be instructing our lawyers to prepare an application for leave to appeal this judgment either to the Supreme Court of Appeal or directly to the Constitutional Court.
The DA pursued the application for Adv. Simelane's appointment to be set aside because the NDPP occupies an absolutely crucial role in the administration of justice in South Africa. There is a perception that prosecutions are initiated and discontinued on political grounds, and this affects the way in which the courts are viewed, and the extent to which the criminal justice system is believed to be even-handed and impartial. It goes without saying therefore that whoever occupies that position must be a person of unimpeachable integrity and of legal competence.
Acting Judge Van der Byl's judgment was highly critical of Adv Simelane. It reads, in paragraph 76, as follows: