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Democratic Alliance v President
South African legal case / From Wikipedia, the free encyclopedia
Democratic Alliance v President of the Republic of South Africa and Others, often known as Simelane, is a 2012 decision of the Constitutional Court of South Africa which expanded rationality review to include evaluation of the relationship between the procedure by which executive decisions are taken and the purpose for which the relevant executive power is conferred. Applying this augmented standard, the court held that President Jacob Zuma had acted irrationally and unconstitutionally in appointing Menzi Simelane as the National Director of Public Prosecutions, given that he had neglected to consider prima facie evidence of dishonesty by Simelane.
Quick Facts Democratic Alliance v President, Court ...
Democratic Alliance v President | |
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Court | Constitutional Court of South Africa |
Full case name | Democratic Alliance v President of the Republic of South Africa and Others |
Decided | 5 October 2012 (2012-10-05) |
Docket nos. | CCT 122/11 |
Citations | [2012] ZACC 24; 2012 (12) BCLR 1297 (CC); 2013 (1) SA 248 (CC) |
Case history | |
Prior actions | Democratic Alliance v President of the Republic of South Africa and Others [2011] ZASCA 241; 2012 (1) SA 417 (SCA); [2012] 1 All SA 243 (SCA); 2012 (3) BCLR 291 (SCA) in the Supreme Court of Appeal |
Appealed from | Democratic Alliance v President of the Republic of South Africa and Others [2010] ZAGPPHC 194 in the High Court of South Africa, Gauteng Division |
Court membership | |
Judges sitting | Mogoeng CJ, Yacoob ADCJ, Cameron J, Froneman J, Jafta J, Khampepe J, Nkabinde J, Skweyiya J, van der Westhuizen J, Maya AJ and Zondo AJ |
Case opinions | |
The rationality standard requires that executive decisions must be taken according to a procedure that is rationally related to the purpose for which the executive power was conferred. Because it did not fulfil this standard, the appointment of Menzi Simelane as National Director of Prosecutions was irrational and unconstitutional. | |
Decision by | Yacoob ADCJ (Mogoeng, Cameron, Froneman, Jafta, Khampepe, Maya, Nkabinde, Skweyiya and van der Westhuizen concurring) |
Concurrence | Zondo AJ |
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