is Tladi the Presidential Spokesperson?? Sent via my BlackBerry from Vodacom - let your email find you!
-----Original Message----- From: Thembela Gazi <[email protected]> Sender: [email protected] Date: Thu, 1 Dec 2011 13:49:03 To: <[email protected]> Reply-To: [email protected] Cc: Communist-University<[email protected]> Subject: Re: [YCLSA Discussion] [CU] SCA: Simelane's appointment as NPA boss 'invalid' Nothing happens until the ConCourt decides, you see what Tladi Tladi says, more litigation. If I were Zuma I would fire my legal advisors - there has been a few legal bundles in the Presidency over the past while. On 12/1/11, linda schalk <[email protected]> wrote: > What now?,what happens to the decisions he made whilst still a National > Director,will those decisions be deemed invalid because his appointment is > invalid > > Sent from iPad > -----Original Message----- > From: Lerato Motimele > Sent: 01/12/2011 12:43:42 > To: Communist-University; [email protected] > Subject: [YCLSA Discussion] [CU] SCA: Simelane's appointment as NPA boss > 'invalid' > > The Supreme Court of Appeal has ruled that Menzi Simelane's appointment by > President Jacob Zuma as the director of public prosecutions at the National > Prosecuting Authority (NPA), was invalid. > > The case was brought to the appeals court by the Democratic Alliance, after > its bid to have Zuma's decision to appoint Simelane as the NPA boss set > aside failed in the North Gauteng High Court in Pretoria last year. > > - Read the full judgment. > > On Thursday morning, Judge Mahomed Navsa ruled that Simelane's appointment > was "inconsistent with the Constitution and invalid". > > The judgment set aside the findings of the North Gauteng High Court, and > ordered the president, Justice Minister Jeff Radebe and Simelane to pay the > DA's costs. > > In its application, the DA argued that President Zuma "acted outside of his > powers by appointing a person who is not fit and proper to hold the office > of national director of public prosecutions". > > Presidential spokesperson Tlali Tlali said the ruling would be challenged > in the Constitutional Court. > > "Naturally, we are disappointed but respect the court's judgment in this > matter," said Tlali on Thursday. > > "We will study the judgment in order to understand its implications as it > unfolds further. The court's order must be referred to the Constitutional > Court for confirmation as provided for in terms of section 172(2) of the > Constitution. A final determination has yet to be made as to what our legal > attitude to this matter at the Constitutional Court will be." > > The DA's Dene Smuts told the *Mail and Guardian* on Thursday: "We are very > delighted by the judgment. We had major problems with his appointment. We > did not think he was fit and proper for the position. We felt it was cadre > deployment and are now looking forward to the president putting someone in > the position who is fit and proper for the job." > > *'Misleading and untruthful evidence'* > The foundation of the DA's case against Simelane was the "misleading and > untruthful evidence" he gave during the 2008 Ginwala Inquiry, when he was > the director general in the department of justice and constitutional > development. > The inquiry looked at the fitness for office of Simelane's predecessor, > Vusi Pikoli, who was notoriously accused of being an apartheid spy as part > of factional battles in the ruling ANC. > > Ginwala severely criticised Simelane in her final report, calling him > arrogant and condescending towards Pikoli. > > Ginwala labelled his evidence before the inquiry "contradictory and without > basis in fact or in law" and blamed him for suppressing the disclosure of > information. This specifically referred to a legal opinion advising > Simelane that he did not have authority over the NPA, as he had claimed. > > Simelane's conduct was "irregular" and Ginwala even suggested he might have > contravened the NPA Act by drafting a letter to Pikoli that instructed him > to abort the imminent arrest of former police boss Jackie Selebi. > > *No disciplinary proceedings* > Although a formal inquiry was set up to inquire into Simelane's conduct > before Ginwala in February 2009, Justice Minister Jeff Radebe declined to > take disciplinary proceedings against him. Instead he was appointed as > deputy national director of prosecutions. > > The DA argued that Zuma made Simelane's appointment based solely on his CV, > without taking into account his questionable behaviour during the enquiry. > > Navsa found that Zuma was remiss in not taking the time to consider all the > facts about Simelane, saying in his judgment: "I accept that the president > must have a multitude of daily duties and is a very busy man. However when > he is dealing with an office as important as that of the national director > of public prosecutions, which is integral to the rule of law and to our > success as a democracy, then time should be taken to get it right." > > He went on to say: "On the available evidence the president could in any > event not have reached a conclusion favourable to Mr Simelane, as there > were too many unresolved questions concerning his integrity and experience." > > The judgment was careful to prove precedent for judicial scrutiny of the > president's appointment of a public prosecutor. > > In recent months, Zuma and other members of the executive have made several > statements taking issue with an "unelected" judiciary passing judgment on > executive decisions. > > During a farewell to former chief justice Sandile Ngcobo earlier this year, > Zuma said: "We must not get a sense that there are those who wish to > co-govern the country through the courts, when they have not won the > popular vote during elections." > > He added that the powers conferred on the courts could not be regarded as > superior to the powers resulting from a mandate given by the people in a > popular vote > > -- > You are subscribed. This footer can help you. > Please POST your comments to [email protected] or reply to > this message. > You can visit the group WEB SITE at > http://groups.google.com/group/yclsa-eom-forum for different delivery > options, pages, files and membership. > To UNSUBSCRIBE, please email [email protected] . > You don't have to put anything in the "Subject:" field. You don't have to > put anything in the message part. All you have to do is to send an e-mail to > this address (repeat): [email protected] . > > -- > You are subscribed. This footer can help you. > Please POST your comments to [email protected] or reply to > this message. > You can visit the group WEB SITE at > http://groups.google.com/group/yclsa-eom-forum for different delivery > options, pages, files and membership. > To UNSUBSCRIBE, please email [email protected] . > You don't have to put anything in the "Subject:" field. You don't have to > put anything in the message part. All you have to do is to send an e-mail to > this address (repeat): [email protected] . > -- You are subscribed. This footer can help you. Please POST your comments to [email protected] or reply to this message. You can visit the group WEB SITE at http://groups.google.com/group/yclsa-eom-forum for different delivery options, pages, files and membership. To UNSUBSCRIBE, please email [email protected] . You don't have to put anything in the "Subject:" field. You don't have to put anything in the message part. All you have to do is to send an e-mail to this address (repeat): [email protected] . -- You are subscribed. This footer can help you. Please POST your comments to [email protected] or reply to this message. You can visit the group WEB SITE at http://groups.google.com/group/yclsa-eom-forum for different delivery options, pages, files and membership. To UNSUBSCRIBE, please email [email protected] . You don't have to put anything in the "Subject:" field. You don't have to put anything in the message part. All you have to do is to send an e-mail to this address (repeat): [email protected] .
