NPA head will be crucial for the welfare of justice

In his State of the Nation Address President Cyril Ramaphosa vowed to ensure SA’s law enforcement institutions would be “strengthened and shielded from external interference or manipulation”. The Constitutional Court has handed Ramaphosa a golden opportunity to make good on this promise and repair one of the key institutions of our democratic order – the National Prosecuting Authority (NPA). Last year the High Court in Pretoria set aside former president Jacob Zuma’s appointment of Shaun Abrahams as National Director of Public Prosecutions (NDPP).

The Constitutional Court has now confirmed this.

Abrahams’ appointment was invalidated because Zuma was found to have effectively bought off the previous NDPP, Mxolisi Nxasana, with a golden handshake.

Ramaphosa has less than three months to make a permanent appointment.

Moreover the court’s farreaching judgment has provided good cause to clean-up the NPA, which the court found had suffered chronic instability for more than a decade.

Why this matters was summed up by Judge Mbuyiseli Madlanga: "The NPA plays a pivotal role in the administration of criminal justice.

“With a malleable, corrupt or dysfunctional prosecuting authority, many criminals – especially those holding positions of influence – will rarely, if ever, answer for their criminal deeds."

The fact is the NPA was stripped of independent and principled leaders under Zuma and his lackeys and it is crucial Ramaphosa reverses this and lays the foundation for a reinvigorated NPA.

Ramaphosa must rise above petty party political interests and opt for an NDPP with impeccable integrity, strong enough to withstand political pressure and sufficiently astute to shield the NPA from political fallout.

Former NPA head Vusi Pikoli would have been ideal but has ruled himself out of the running.

Public opinion favours former public protector Thuli Madonsela but she is unlikely to be a favourite in all quarters. Doubtless there are others suitable. What matters is that our president acts in the interest of all South Africans and identifies and appoints someone fit and proper for the post and backs them to clean up the NPA.

Ramaphosa must rise above petty party political interests and opt for a NDPP with impeccable integrity