President Jacob Zuma's lawyers said in court papers on Friday that the only document before him when he made his decision to appoint advocate Menzi Simelane as national director of public prosecutions was Simelane's curriculum vitae.

Further reasons for Zuma's decision would be given when he filed his answering affidavit, his lawyers said as there was no record of written reasons.

Zuma was responding to a court application by the Democratic Alliance (DA) to review and set aside his decision to appoint Simelane. The DA claims Simelane is not fit and proper for the appointment.

The DA's attorney, Mervyn Smith, said yesterday he was surprised that that was the only document the president read. But he said we will be dealing with it more fully in our further affidavits.

Zuma's prompt response to the application, lodged last month, possibly signifies confidence that his decision will not be overturned.

The University of Cape Town's Prof Pierre de Vos previously told Business Day that if Zuma and Justice Minister Jeff Radebe were really confident of the legality of the decision, they'll hand over the relevant documents to the court as quickly as possible . If not, they will avail themselves of technical legal arguments,� he said.

Simelane was heavily criticised by former speaker of Parliament Frene Ginwala in her investigation into whether his predecessor, Vusi Pikoli, was fit and proper to hold office.

Ginwala said Simelane's conduct during her inquiry was highly irregular and that it left much to be desired.

During the inquiry, Simelane also gave a different understanding of the independence of the National Prosecuting Authority (NPA) that it was less independent than Pikoli's understanding.

Following the Ginwala inquiry, former president Kgalema Motlanthe had referred her comments on Simelane to the Public Service Commission (PSC). Its subsequent report had recommended disciplinary action against Simelane.

But Radebe rejected the report, saying Simelane was not allowed to state his case to the PSC before it made its recommendation.

In their papers on Friday, Zuma's lawyers also referred to a letter to Radebe from the PSC, Simelane's submissions on the report and Radebe's decision on it, saying Zuma was briefed on them.

Zuma previously told eNews he appointed Simelane because he was competent and had a good understanding of how the NPA worked, having previously been the director- general of the Department of Justice. Zuma said nothing had convinced him otherwise.

But the DA's case is that Simelane's refusal to accept the institutional independence of the office of director of public prosecutions was evidence that he was not a fit and proper person for the role.

rabkinf@bdfm.co.za

With acknowledgements to Franny Rabkin and Business Day.