As seductive as certain perspectives of international law may appear to those who disagree with the outcome of the interpretative exercise conducted by this Court in the contempt judgment, sight must not be lost of the proper place of international law, especially in respect of an application for rescission. The approach that my Brother adopts may be apposite in the context of an appeal, where a court is enjoined to consider whether the court a quo erred in its interpretation of the law. Although it should be clear by now, I shall repeat it once more: this is not an appeal, for this Court’s orders are not appealable. I am deeply concerned that seeking to rely on articles of the ICCPR as a basis for rescission constitutes nothing more than sophistry.
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.
Lawson Naidoo – 073 158 5736
Masutane Modjadji – 076 937 0825