The challenge has been driven by the Democratic Alliance since 2009.
It contends he is unsuitable for the post of National Director of Public Prosecutions (NDPP) in view of, among other things, comments he made to the Ginwala Commission of Inquiry.
The DA first challenged Simelane's appointment as NDPP in the High Court in Pretoria, but lost.
That court ruled that Simelane had stated he believed in the independence of the NDPP and had taken an oath to protect the Constitution.
Whether he would keep to it, would show in time, the court ruled, adding that President Jacob Zuma's decision to appoint him should stand.
However, on appeal, the Supreme Court of Appeal reversed that decision on December 1, saying both Zuma and Justice Minister Jeff Radebe had made fatal errors in law.
The president's decision was found to be irrational, inconsistent with the Constitution and invalid.
The DA applied to the Constitutional Court for confirmation of the order of invalidity.
Zuma placed Simelane on special leave pending the outcome of Tuesday's hearing.
The justice minister and Simelane oppose the confirmation and want to appeal against the findings of the SCA.
The president chose not to oppose the confirmation.
Source: Sapa via I-Net Bridge
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