The Democratic Alliance is seeking legal advice to fight the "unlawful" appointment of Menzi Simelane as the head of the National Prosecuting Authority, party leader Helen Zille said on Friday.

"The DA is currently seeking legal advice to ascertain whether Zuma's decision is reviewable by a court, and whether such a legal challenge would have a reasonable prospect of success," Zille wrote in a party newsletter.

"The DA will fight this appointment, just as we are fighting the NPA's decision to drop the corruption charges against President Jacob Zuma. I believe that Zuma's appointment of Simelane was unlawful."

Zille said "in law" it was the prerogative of the president to appoint an NDPP (National Director of Public Prosecutions) of his choosing, but this power was not "unfettered".

The choice, she said, is limited by the NPA Act, which states the NDPP must be a fit and proper person. He must be conscientiousness and have the integrity to be entrusted with the responsibilities of the office concerned.

"He cannot be entrusted with the most important responsibility of that office, namely the constitutional prescript that the NPA must exercise its functions without fear, favour or prejudice.

"The president does not have free rein to appoint a person who does not meet the requirements, set out in law, for the position."

Zille said Zuma knew the DA was seeking a High Court review of former NPA boss Mokotedi Mpshe's decision to withdraw corruption charges against him. Zuma knew he would need someone in the job who would do whatever the government told him to.

"If that review succeeds, the case will have to proceed. In this context Zuma could simply not risk having an independently-minded NDPP. He needed to find someone like Simelane who believes it is the job of the NDPP to do whatever government tells him to."

A key finding of the Ginwala Commission, into whether the fired NPA boss Vusi Pikoli was fit to hold office, was that Simelane had unlawfully interfered with the prosecutorial independence of the NPA.

"Now this very man is the head of the NPA. What hope is there that the NPA will function independently?"

The "great irony" is that Pikoli, who the Ginwala Commission found fit to hold office, was fired, Zille said.

Zille said the ANC's rule had eroded the principle of "equality before the law" and that Zuma's "war on corruption" should be treated with "disdain".

"The hypocrisy of President Zuma's professed war on corruption should be treated with the disdain it deserves. It is a selective strategy to target those who opposed Zuma's ascension to the presidency, and protect his allies."

Zille insisted the party's legal challenge was not a vendetta against Zuma, but was "essential in the defence of the Constitution".

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