We want to see our democracy in action
DESPITE many outcries about the state of affairs in many areas of our government institutions, one thing about our democratic order is that our constitution serves as a bulwark against perfidy, underhandedness and needless secrecy. It affords us a window to peek at our democracy at work.
The current interviews being conducted by an advisory panel appointed by President Cyril Ramaphosa to identify suitable candidates for the position of national director of public prosecutions (NDPP) are a case in point. Eleven candidates are being grilled, with today being the last day of interviews.
The panel is chaired by Minister of Energy Jeff Radebe and consists of a wide range of legal minds and their mandate is to identify potential candidates, establish that they meet the required criteria, conduct interviews with potential candidates, and recommend at least three to Ramaphosa. Barring some unexpected turn of events, the next NDPP will come from these names – Adv S Batohi, Adv K M Chauke, Adv JR De Kock, Adv A Johnson, Adv M Luphondo, Adv M Makhari, Adv N Manaka, S Mapoma, Adv CS Mlotshwa, Adv DM Noko, Adv MS Ramaite and Adv G Breytenbach.
While the selection process at the Union Buildings was initially going to proceed behind closed doors, it is thanks to the watchdog Right2Know campaign, which brought a successful high court application challenging the decision by the Presidency to conduct the interviews in private, that they are now being held in public.
There is substantial, legitimate public interest, not only in who becomes our next public prosecutions boss, but also in the selection process. The public expects the media to report on this selection process, just as we have access to other selection processes of important institutions such as the Public Protector, the SABC board, or the Judicial Service Commission.
We embrace the vision of a constitutional democracy that is open, accountable, participatory and responsive to the desires of the nation.
The individual chosen must have unimpeachable integrity, be deeply principled, strong and unwavering. They must display exceptional legal experience and nous. What better way for the public to see if a candidate meets these requirements than through an open selection process?
This is democracy in action – and will go a long way in ensuring that the correct person gets the nod for the role.