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Constitutional Court disagrees with President's NPA appointment

4th December 2012

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On October 5, 2012, The Constitutional Court ruled that President Jacob Zuma's appointment of Menzi Simelane as national director of public prosecutions (NDPP) was invalid.

In his  judgment, Judge Zac Yacoob said that, in the unanimous judgment they reached, a number of legal conclusions, the most relevant of which was that the appointment of the NDPP was not a matter to be determined by the President’s subjective opinion. Yacoob believes that it must be determined objectively. The responsibilities of the NDPP require a person with a high degree of conscientiousness and integrity and the dishonesty displayed by Mr Simelane is inconsistent with these imperatives.

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Written and prepared by Mark Fiandeiro
BOUWER KOBELI MORABE

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