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dc.date.accessioned 2017-04-08T17:14:51Z
dc.date.available 2017-04-08T17:14:51Z
dc.date.created 2012-02-07 en
dc.identifier.citation [2012] ZACC 24
dc.identifier.citation 2012 (12) BCLR 1297 (CC)
dc.identifier.citation 2013 (1) SA 248 (CC)
dc.identifier.uri http://hdl.handle.net/20.500.12144/3666
dc.title Democratic Alliance v President of the Republic of South Africa and Others en
dc.title.alternative CCT122/11 en
dc.identifier.casenumber CCT122/11 en
dc.contributor.judge Yacoob ADCJ Majority judgment
dc.contributor.judge Zondo AJ separate judgment
dc.date.judgment 5 October 2012
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/3666/Full%20judgment%20Official%20version%20%28410%20Kb%29-19876.pdf?sequence=15&isAllowed=y
dc.concourt.synopsis 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.
dc.concourt.casehistory 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


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