Nadel welcomes Concourt judgment on Nxasana and Abrahams
THE National Association of Democratic Lawyers (Nadel) welcomes the judgment by the Constitutional Court in the cases of Corruption Watch and others v the President of South Africa and others, and Nxasana v Corruption Watch and Others.
The removal of Mxolisi Nxasana and the appointment of advocate Shaun Abrahams to the position of National Director of Public Prosecutions (NDPP) were declared constitutionally invalid.
Subsections 12(4) and 12(6) of the National Prosecutions Authority Act (NPA Act)were also declared unconstitutional. This means the key provisions in the NPA Act, and the former president’s conduct relating to the removal and appointment of the NDPP, were found to be inconsistent with the Constitution and therefore invalid.
The judgment affirms the importance of building a strong NPA, which remains one of the key institutions in the criminal justice system that is at the forefront of fighting corruption.
President Ramaphosa is now required to appoint a new NDPP within 90 days. Nadel believes that it is best that such appointment is dealt with by consensus and not by dictate.
The president is ideally placed to consult widely and ensure that the independence of the NPA is restored and maintained in the interests of all.
The appointment of a suitable person to the position of the NDPP is an opportunity to accomplish this.
It will go a long way in restoring the public’s confidence in the NPA, whose credibility has suffered under the yoke of numerous scandals spanning almost 10 years.
The institutional framework of the NPA must in future be insulated from threats to its independence. Nadel believes that it is also an opportunity at this critical juncture for the president and his cabinet to review the legislative and policy framework of the NPA.
Indeed, the transformation and restructuring of the NPA into an institution that is truly representative of the values of our Constitution, particularly human rights and freedoms, non-racialism and non-sexism, and the supremacy of the construction and the rule of law, is vital to our democracy.
Nadel expresses its availability and unconditional support for the president during this period of searching for a suitable candidate to head the prosecutorial authority.
The duty to restore the credibility of the prosecutorial authorities rests upon all citizens of the country and hence Nadel confirms its readiness and willingness to work with the president in this daunting task.