Quote of the week

Regard must be had to the higher standard of conduct expected from public officials, and the number of falsehoods that have been put forward by the Public Protector in the course of the litigation.  This conduct included the numerous “misstatements”, like misrepresenting, under oath, her reliance on evidence of economic experts in drawing up the report, failing to provide a complete record, ordered and indexed, so that the contents thereof could be determined, failing to disclose material meetings and then obfuscating the reasons for them and the reasons why they had not been previously disclosed, and generally failing to provide the court with a frank and candid account of her conduct in preparing the report. The punitive aspect of the costs order therefore stands.

KHAMPEPE J and THERON J
Public Protector v South African Reserve Bank (CCT107/18) [2019] ZACC 29 (22 July 2019)
2 December 2011

Casac statement on Menzi Simelane ruling of SCA

Press Release

01 December 2011

CASAC notes that the SCA has affirmed the constitutional duty on the President to appoint a fit and proper person to the office of the National Director of Public Prosecutions (NDPP). The Ginwala Enquiry made adverse comments about the character of Adv Simelane, which the President should have taken into account in considering Adv Simelane’s fitness for office.

The National Prosecuting Authority is a critical organ of state and its integrity and independence should be beyond reproach to ensure public confidence in its ability to act without fear, favour or prejudice.

We trust that the President will now initiate a process that will lead to the appointment of suitable person as the head of the National Prosecuting Authority to restore confidence in this section of the justice system. The judgment of the SCA confirms that the President must exercise his discretion in line with his constitutional obligations.

Ends

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Lawson Naidoo – 073 158 5736

Masutane Modjadji – 076 937 0825

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