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CASAC notes that the SCA has affirmed the constitutional duty on the President to appoint a fit and
proper person to the office of the National Director of Public Prosecutions (NDPP). The Ginwala Enquiry
made adverse comments about the character of Adv Simelane, which the President should have taken
into account in considering Adv Simelane’s fitness for office.
The National Prosecuting Authority is a critical organ of state and its integrity and independence should
be beyond reproach to ensure public confidence in its ability to act without fear, favour or prejudice.
We trust that the President will now initiate a process that will lead to the appointment of suitable
person as the head of the National Prosecuting Authority to restore confidence in this section of the
justice system. The judgment of the SCA confirms that the President must exercise his discretion in line
with his constitutional obligations.