Menzi Simelane's appointment as national director of
prosecutions shows an "utter disregard for the Constitution and the
law", according to constitutional law expert Pierre de Vos.

"This is the darkest and most scandalous day yet in the short
life of President [Jacob] Zuma's tenure," he said on Thursday in
his blog Constitutionally Speaking.

De Vos, who holds a chair in constitutional governance at the
University of Cape Town, said the National Prosecuting Authority
Act laid down that the director had to be a "fit and proper person,
with due regard to his or her experience, conscientiousness and
integrity".

"President Zuma acted unlawfully because Simelane clearly does
not meet the requirements for the job," he said.

He said the Ginwala inquiry had found that in his former post of
justice director general, Simelane drafted a letter for his
minister on the case for former national police commissioner Jackie
Selebi that was in Ginwala's words "tantamount to executive
interference with the prosecutorial independence of the NPA".

De Vos said Simelane's view of the NPA was that it should take
instructions from the minister of justice and the president, even
in making decisions on individual cases.

Simelane's appointment was announced by the presidency on
Wednesday, and drew a howl of protest from opposition parties.

He is to take over from acting director Mokotedi Mpshe, who will
return to his position of deputy national director.

Sapa