President Zuma and the NDPP Dene Smuts MP DA Shadow Minister of Justice and Constitutional Development The DA notes that the President has again undertaken, in his answering affidavit in Casac vs Zuma, to appoint a permanent National Director of Public Prosecutions by a certain date. The fact that the undertaking this time is made before the Constitutional Court lends it greater credibility than the earlier undertakings. His concession to the essence of Casac’s case (that an acting NDPP does not enjoy the degree of independence that a permanent NDPP enjoys) and to the findings in the DA’s series of cases which culminated in the setting aside of Adv Menzi Simelane’s appointment (that an appointment has to be rationally made) would also indicate a seriousness of intent. This has to be welcomed as far as it goes. But the President is clearly forced into the undertaking firstly by the Casac case and secondly by my Private Constitutional 18th Amendment, which is presently with the Provincial Legislatures on the Constitutionally required 30 days comment period before introduction in the National Assembly. The Provinces have been asked to give any comment by end of this week, 26th July. The Constitution 18th Amendment, which can be passed by the Assembly thirty days after introduction, would take the power of appointment of the NDPP out of the President’s hands and give it to the National Assembly. It would also secure the institutional independence of the National Prosecuting Authority. It is our concern that the President may not be a completely disinterested party in the matter of the political independence of the NDPP. For this reason, we will scrutinise any proposed appointment of an NDPP, if it is made before the Constitution 18th Amendment is considered and adopted, for his or her fitness. Should the appointee fall short in any respect, the DA will again challenge, and a new appointment mechanism should be in place to substitute a more independent Director.
Posted on: Thu, 25 Jul 2013 08:58:44 +0000
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