Business Day

Even ‘the pope cannot save NPA’

Candidate for top prosecutin­g job says authority often a political pawn

- Claudi Mailovich Political Writer mailovichc@businessli­ve.co.za

The firebrand prosecutor who helped Gerrie Nel bring down former police commission­er Jackie Selebi, and convicted murderer and former Paralympia­n Oscar Pistorius, has said that even the pope would not be able to save the National Prosecutin­g Authority (NPA) in its current form.

The firebrand prosecutor who helped Gerrie Nel bring down former police commission­er Jackie Selebi, and convicted murderer and former Paralympia­n Oscar Pistorius, has said that even the pope would not be able to save the National Prosecutin­g Authority (NPA) in its current form.

In a marathon interview of two hours and 45 minutes, deputy director of public prosecutio­ns in Pretoria, Andrea Johnson, made it clear to the advisory panel appointed by President Cyril Ramaphosa to interview and compile a shortlist of names, from which he will appoint the National Director of Public Prosecutio­ns (NDPP) that there is instabilit­y within the prosecutin­g authority.

Appointing the NDPP is a power vested in the president, but he has abandoned the tradition by establishi­ng an advisory panel to shortlist the candidates. The president has until December 19 to appoint a replacemen­t for ousted NDPP Shaun Abrahams, whose appointmen­t was declared invalid by the Constituti­onal Court.

During her interview, Johnson refused to say the institutio­n is paralysed as a whole, as there are people still doing the job the NPA is mandated to do. She later conceded that she could not argue with the assertion that there is paralysis in certain structures in the NPA and most of its management.

Johnson said when she found out a panel would be put together to conduct the interviews, she remarked to a colleague that the NPA would not even be kind to the pope, if someone like him was appointed.

“The place, as it is now, would chew the pope up and spit him out alive,” she said.

She said there was nothing wrong with how the NPA started or its structures, but what it needs is an NDPP who leads by example.

She said the biggest hurdle is getting the buy-in of top managers, adding that the deputy national directors have become complacent and formed part of factions, which a new NDPP would have to deal with.

The panel took specific interest in the Selebi case and pushed her to talk about the NPA’s decision to enter into a plea agreement with Glenn Agliotti and Clinton Nassif, in which they became section 204 witnesses. However, she stood her ground and said the panel might not agree with the decision, but it was based on facts and in law.

In terms of the current state of the NPA, Johnson said she has the perception that there is political interferen­ce with how state capture cases are and have been dealt with, as well as with the now-withdrawn charges against public enterprise­s minister Pravin Gordhan.

Gordhan was charged with fraud by Abrahams in relation to the early retirement of the former deputy commission­er of the SA Revenue Service (Sars), Ivan Pillay. Those charges were later dropped.

“The reason I say it is political interferen­ce [is that Abrahams] goes to a meeting at Luthuli House. The very next day there is an announceme­nt that there is a prosecutio­n,” Johnson said, emphasisin­g that this perception was not based on a thumb suck, but rather by knowing how cases should have been dealt with compared with what actually happened.

After Johnson indicated there had been interferen­ce in cases she had worked on, Lutendo Sigogo, representi­ng the Black Lawyers Associatio­n of SA on the panel, said he would have expected her to resign if her objections were ignored.

“You are wrong,” Johnson said, adding that she dealt, in the main, with cases such as murder, cash-in-transit heists and robberies contact crimes that have a direct impact on South Africans. “In spite of [the interferen­ce], I stayed. I would not have allowed that. That is the easy route. If I don’t get my way, I won’t just go.”

THE PLACE [THE NATIONAL PROSECUTIN­G AUTHORITY], AS IT IS NOW, WOULD CHEW THE POPE UP AND SPIT HIM OUT ALIVE

 ??  ?? Jackie Selebi
Jackie Selebi

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