Good question, Gugu.
On Thu, Dec 1, 2011 at 2:03 PM, <[email protected]> wrote: > 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. 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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] . > -- Fusi M. Motaung Development & Process Facilitator MOROLO CONSULTANT tel: 0721207603 | fax: 0865482896 | e-mail: [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] . 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