GENERAL COUNCIL OF THE BAR OF SOUTH AFRICA

In the judgment of the Supreme Court of Appeal relating to the appointment of Mr Menzi Simelane as National Director of Public Prosecutions, it reiterated the importance of the rule of law, the supremacy of the Constitution and that it imposes limits on the power of those who govern.

The GCB fully endorse the following statements in the judgment:

"The rule of law is a central and founding value. No-one is above the law and everyone is subject to the Constitution and the law. The legislative and executive arms of government are bound by legal prescripts. Accountability, responsiveness and openness are constitutional watchwords.

It can rightly be said that the individuals that occupy positions in organs of state who are part of constitutional institutions are transient but that constitutional mechanisms, institutions and values endure. To ensure a functional, accountable, constitutional democracy the drafters of our Constitution placed limits on the exercise of power. Institutions and office bearers must work within the law and must be accountable. Put simply, ours is a government of laws and not men or women.

...Importantly, organs of state, through legislative and other measures, must assist and protect the courts to ensure their independence, impartiality, dignity, accessibility and effectiveness."

Statement issued by G C Pretorius SC, Chairman, General Council of the Bar of South Africa, December 2 2011

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