Simelane: DA welcomes President Zuma's withdrawal of notice to appeal

The Democratic Alliance (DA) welcomes the decision by President Jacob Zuma to withdraw his notice to appeal the judgment of the Supreme Court of Appeal (SCA) that the appointment of Adv. Menzi Simelane as National Director of Public Prosecutions (NDPP) was unlawful and unconstitutional. The President has also indicated that he does not intend contesting the confirmation of the order made by the SCA. The notice of withdrawal can be viewed here. 

The DA has always maintained that Adv. Simelane was not a "fit and proper person", as circumscribed in section 9 (1)(b) of the National Prosecuting Authority Act, to be appointed to this crucial position, and that the President had not followed proper procedure in making this appointment. This view was comprehensively vindicated by a unanimous decision reached by a full bench of the SCA.

The fact that the President is withdrawing his appeal means in effect that he will abide by the decision of the SCA. This must mean that he has decided to appoint someone else in this position. If this interpretation is correct, we trust that he will choose someone of unimpeachable character and proven experience. The position of NDPP is absolutely central to the administration of justice in South Africa, and the incumbent must be able to inspire confidence that the National Prosecuting Authority will exercise its functions without fear, favour or prejudice, as required by section 179(4) of the Constitution.

Interestingly, neither the Minister of Justice and Constitutional Development nor Adv. Simelane has yet withdrawn their notices of appeal. We would urge them to do so. The SCA was both unanimous and emphatic in its judgment, and the grounds advanced by the Minister and Adv. Simelane in their notices of appeal were the same as those rejected so comprehensively by the SCA. To drag this matter out still further would, in our view, simply constitute a waste of public resources. 

We trust that common sense, as displayed by the President's decision, will prevail.

Statement issued by James Selfe MP, Chairperson of the DA Federal Executive, December 28 2011

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