Wanted– a new NPA boss
The Constitutional Court has ruled that advocate Shaun Abrahams was not validly appointed to lead the National Prosecuting Authority (NPA) – because he had benefited from former president Jacob Zuma’s abuse of power.
President Cyril Ramaphosa now has 90 days to appoint Abrahams’s replacement.
Ramaphosa will on Tuesday announce who will act as national director of public prosecutions‚ pending his appointment of a permanent prosecutions boss.
Presidency spokesperson Khusela Diko confirmed on Monday night that Ramaphosa would choose the acting NDPP from among the four advocates serving as national deputy directors of the NPA‚ including Nomgcobo Jiba.
While Jiba is facing possible suspension pending an inquiry into her fitness to hold office‚ Diko did not want to dismiss her as a potential candidate.
“There is no finding that advocate Jiba is not fit and proper‚” she said.
Under the NPA Act‚ Ramaphosa must appoint an acting NDPP in consultation with justice minister Michael Masutha.
He will have to decide between Jiba‚ Dr Silas Ramaite‚ Willie Hofmeyr and Nomvula Mokhatla for the acting post.
Civil rights organisations have welcomed the judgment on Abrahams’s appointment.
“South Africa deserves a national director of public prosecutions who will prosecute without fear‚ favour or prejudice,” Afriforum’s head of private prosecutions, Gerrie Nel, said.
Nel said it was important that the NPA regains public trust.
In the judgment, Justice Mbuyiseli Madlanga‚ writing on behalf of the Constitutional Court’s majority‚ found the fact that Zuma had used a R17.3m “golden handshake” to get former NPA head Mxolisi Nxasana to vacate his post – and which Zuma admitted was unlawful – meant that the subsequent appointment of Abrahams was also invalid.
The court also found it would not be in the interests of stability at the NPA for Nxasana to be reappointed to his position‚ as he might well face an inquiry.
Nxasana has claimed that he was forced out of his position because Zuma was convinced that he intended to prosecute him for corruption.
He has been ordered to pay back R10.2m of his settlement deal.
Ramaphosa identified leadership issues at the NPA as one of his administration’s key concerns in his first state of the nation address‚ but said he was waiting for Monday’s ruling.
Ramaphosa is at present deciding whether to suspend controversial prosecution heavyweights Jiba and Lawrence Mrwebi‚ who have been lambasted in multiple court rulings. The pair returned to work after the appeal court narrowly reversed an earlier high court judgment that found them unfit to practice as advocates.
In December, three judges of the high court in Pretoria – led by judge-president Dunstan Mlambo – found that the settlement deal Zuma gave Nxasana to leave his position was invalid and violated the NPA Act.
The Constitutional Court’s majority supported this ruling‚ but found that the high court was wrong not to consider Nxasana’s evidence about his removal as it was filed too late.
The Organisation Undoing Tax Abuse’s chief operating officer, Ben Theron, said: “Once again‚ the Constitutional Court saves South Africa.”
Parliament’s justice and correctional services portfolio committee chair, Mathole Motshekga, said the focus should now revert back to stability and certainty at the NPA.
ANC spokesperson Pule Mabe said: “The ANC has confidence in [Ramaphosa] to handle this matter in a manner that will restore public confidence in our prosecuting authority.”
The FW de Klerk Foundation, while welcoming the ruling‚ said it would not be an automatic fix for the beleaguered NPA.