Quote of the week

Mr Malema’s remarks that the IEC “continues to rig elections … You stole our votes in Alexandra and we allowed you” is unsubstantiated and has the capacity to undermine the impartiality and effectiveness of the IEC, as the critical local government elections loom. It is ironic that the EFF has chosen to attack the IEC in this manner so soon after going to great lengths to safeguard the independence, power and authority of another Chapter Nine body, the Public Protector. The Constitutional Court judgment in the Nkandla matter was a strong vindication of the importance of these independent constitutional bodies in our system of governance.

Council for the Advancement of the South African Constitution
1 December 2009

Apology to President Zuma

Last week on this Blog I critised President Jacob Zuma for purporting to appoint Adv Menzi Simelane as the National Director of Public Prosecutions and pointed out – correctly in my view – that the appointment shows an utter disregard for the Constitution and the law. In my criticism – which I believe to be valid and based on the proven facts and a correct interpretation of the law and the Constitution – I unfortunately reverted to the kind of intemperate language, which sadly has become all too common in our political discourse, by referring to our President as a “gangster”.
 
I regret using such intemperate language, which detracts from the substantive debate regarding the unfitness of Adv Menzi Simelane to hold office as the National Director of Public Prosecutions. I wish to apologise unreservedly to our President for the use of this intemperate language which, as the Presidency points out, does not contribute to the healthy and respectful debate so needed in our democracy.
 
However, I do call on our President to reconsider the appointment of Adv Menzi Simelane as the National Director of Public Prosecutions as this appointment is not in the interest of the country and the smooth running of the criminal justice system. Given the serious questions about Adv Simelane’s fitness to hold office, reasonable people – including myself – will continue to speculate about the true reasons for the appointment which indeed, shows a disregard for the law and the Constitution as well as for the independence of the National Prosecuting Authority.
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