The government should not cover the costs of Menzi Simelane's appeal against the ruling that his appointment as national director of public prosecutions was unconstitutional, the Democratic Alliance (DA) said on Monday.

DA MP James Selfe said in a statement: “Advocate Simelane is obviously entitled, as anyone else living in a constitutional state, to appeal this judgement.

“But if he no longer holds a position as an official of the government, he is not entitled to fund his appeal at State expense.”

Selfe said the notice of the appeal issued by the state attorney implied that the state would cover Simelane's costs.

“This constitutes an abuse of public funds, and Adv. Simelane should either foot the bill for his appeal himself, or, like the President, abide by the decision of the SCA,” he said.

The Supreme Court of Appeal ruled unanimously on December 1 that Simelane's appoint as national director of public prosecutions was unconstitutional.

President Jacob Zuma accepted the ruling on December 23 and appointed Simelane's deputy Nomgobo Jiba to act in the post.

Simelane was placed on special leave pending a review by the Constitutional Court of the ruling.

A date has yet to be set by the Court to hear the matter.

With acknowledgements to Sapa and Independent Online.

I'm afraid this snowball don't stand much chance.