May wisdom prevail when Ramaphosa picks NDPP

Section 179(1)(a) of the constitution empowers the president to appoint the national director of public prosecutions (NDPP). This is how it has been since 1998 when Nelson Mandela appointed Bulelani Ngcuka as the first NDPP of the democratic SA. He was succeeded by Vusi Pikoli, Mokotedi Mpshe, Menzi Simelane, Nomgcobo Jiba, Mxolisi Nxasana and Shaun Abrahams. They were all appointed by whoever was president at the time. When President Cyril Ramaphosa fired Abrahams earlier this year, we expected him to follow tradition and — as obliged to by the constitution — make his pick. Instead, he advertised the position and appointed a panel, made up of legal eagles and chaired by minister Jeff Radebe, to recommend a suitable candidate. The panel members went through the applications and agreed on a shortlist. This week they interviewed those on the list and are believed to have already sent recommendations to Ramaphosa.

We commended Ramaphosa for taking this approach because it could go a long way towards restoring the trust we used to have in this office. The undeniable reality is that our prosecutions authority is in chaos. As South Africans, we have little or no confidence in our prosecutors. This is thanks, in no small part, to former president Jacob Zuma having abused his constitutional mandate to appoint political stooges such as Abrahams, Jiba, Simelane and Mpshe.

We now wait with keen interest to hear who our next prosecutions boss will be. As pleased as we are with the process so far, on its own this process will not deliver the kind of appointment that SA needs right now. Public protector Busisiwe Mkhwebane was appointed following a similar process in 2016. She was interviewed by a panel made up of MPs from a range of parties. The public protector interviews — like the NDPP process we witnessed this week — were broadcast live and hailed at the time as a huge success. The 2016 panel chose Mkhwebane ahead of well-respected and highly qualified candidates. Look at her now.

What we want is a brave prosecutor, who will take decisions about whether to prosecute without fear or favour. It’s in your hands now, Mr President.