Quote of the week
Mr Zuma is no ordinary litigant. He is the former President of the Republic, who remains a public figure and continues to wield significant political influence, while acting as an example to his supporters… He has a great deal of power to incite others to similarly defy court orders because his actions and any consequences, or lack thereof, are being closely observed by the public. If his conduct is met with impunity, he will do significant damage to the rule of law. As this Court noted in Mamabolo, “[n]o one familiar with our history can be unaware of the very special need to preserve the integrity of the rule of law”. Mr Zuma is subject to the laws of the Republic. No person enjoys exclusion or exemption from the sovereignty of our laws… It would be antithetical to the value of accountability if those who once held high office are not bound by the law.
Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State v Zuma and Others (CCT 52/21) [2021] ZACC 18
Casac statement on Menzi Simelane ruling of SCA
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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