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
Keywords
Executive power
National Prosecuting Authority Act, 1998
National Prosecuting Authority
principle of legality
procedural rationality
rationality
section 179 of the Constitution
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.
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