CCT122/11

[2012] ZACC 24

2012 (12) BCLR 1297 (CC)

2013 (1) SA 248 (CC)

Yacoob ADCJ Majority judgment

Zondo AJ separate judgment

5 October 2012

http://hdl.handle.net/20.500.12144/3666

Application for leave to appeal against a judgment and order of the SCA: Democratic Alliance v President of the Republic of South Africa and Others 2012 (1) SA 417 (SCA). See also earlier judgment of the North Gauteng High Court: Democratic Alliance v President of the Republic of South Africa and Others [2010] ZAGPPHC 194

Application for confirmation of an order of constitutional invalidity of the appointment, by the President of Mr Menzi Simelane as National Director of Public Prosecutions (NDPP), purportedly in terms of section 179 of the Constitution read with sections 9 and 10 of the National Prosecuting Authority Act 32 of 1998. It was held that, in the light of, amongst other factors, the criticisms of Mr Simelane in the Ginwala Enquiry Report and in the Public Service Commission Report, the procedure used by the President and the Minister of Justice and Constitutional Development to appoint Mr Simelane was not rationally related to the purpose for which the power was granted. The Court found that the decision taken by the President was thus constitutionally invalid. A concurrence expressed the view that the Public Service Commission should have given Mr Simelane a hearing before reaching a conclusion on its recommendations. Judgment: Yacoob ADCJ (Mogoeng CJ, Cameron J, Froneman J, Jafta J, Khampepe J, Maya AJ, Nkabinde J, Skweyiya J, Van der Westhuizen J concurring). Separate concurrence: Zondo AJ.