The DA says a tacit admission by President Jacob Zuma, that the only
document he considered before appointing Menzi Simelane as National Prosecuting
Authority (NPA) boss was a CV, supported its argument that the decision was
"irrational".
Zuma's lawyers made the admission in a replying affidavit to the Pretoria High
Court on Friday, in the latest salvo in the DA's battle to have the appointment
of Simelane as national director of public prosecutions (NDPP) revoked through a
judicial review on the basis that he was not a "fit and proper" person for the
position. Zuma's lawyers were required to file all documents considered by him
in making the appointment.
DA leader Helen Zille yesterday told Independent Newspapers the acknowledgement
raised many questions, including: "Why did the president not consider other
documents relating to advocate Simelane's suitability for the post, such as the
findings of the Ginwala Inquiry? And why did the president not consider other
potentially qualified candidates for the position?"
The DA lodged its urgent application against the appointment of Simelane last
month.
In a founding argument, DA federal chairman James Selfe argued that Simelane,
who was rebuked by Dr Frene Ginwala for his alleged repeated lies to her inquiry
into former NDPP Vusi Pikoli's fitness to hold office, was not a man of
integrity, did not believe in the independence of the NPA and could not be
considered "fit and proper" for his new position.
Selfe said the country couldn't afford to have "a
dishonest party hack *1" at the head of the prosecuting
service.
"The president can reasonably be suspected of bias and of having taken the
decision (to appoint Simelane) for an ulterior purpose. The appointment of a
person who does not recognise the independence of the institution he is to head
cannot be lightly wished away," he said.