NPA boss move hailed
APPROACH: PANEL’S DUTY IS TO RECOMMEND THREE CANDIDATES TO CYRIL
Ramaphosa said he would be inviting several legal bodies to assist him.
The legal fraternity and the rule-of-law watchdog, Freedom Under Law (FUL), have expressed excitement at the decision by President Cyril Ramaphosa to invite legal organisations to participate in the selection and interviewing of candidates to fill the position of National Director of Public Prosecutions (NDPP), Shaun Abrahams.
Both lawyer’s organisations, the National Association of Democratic Lawyers (Nadel) and Black Lawyers Association (BLA) yesterday welcomed Ramaphosa’s move and would participate in the envisaged panel to conduct the selection and interviewing process.
Yesterday, Ramaphosa announced an unprecedent move to invite several legal organisations and independent public institutions to assist him to identify and select individuals that he should consider for the National Director of Public Prosecutions position.
The position became vacant when Abrahams was removed after his appointment was declared as unconstitutional and invalid by the Constitutional Court in August.
In a statement yesterday, the presidency said the panel’s duty would be to identify potential candidates, conduct interviews and recommend at least three candidates to the president. “While the panel will make recommendations, the Constitution prescribes that it is ultimately only the president who can decide who to appoint as NDPP,” said Ramaphosa’s aide, Khusela Diko.
The president had invited certain organisations to send representatives to serve on the panel. Those invited included the General Council of the Bar, Law Society of South Africa, BLA, Nadel, Advocates for Transformation, the auditor-general and the South African Human Rights Commission. FUL chairperson Judge Johann Kriegler welcomed Ramaphosa’s decision to appoint an inclusive panel. “Although the president is legally entitled to make the appointment entirely on his own, it is, in our view, both politically and administratively prudent and wise to consult bodies that have an interest in and expert knowledge of the position to be filled and who are also likely to be more familiar with the pool of suitable appointees.”
Nadel secretary-general Nolitha Jali welcomed Ramaphosa’s decision.
“We welcome it, we will participate in the panel and Nadel president Mvuzo Notyesi will represent us. We believe that the process will be transparent now that we have been invited,” he said.
The BLA president Lutendo Sigogo said the including of BLA and other progressive organisations in the selection of the NDPP would fulfil his organisation’s wish that never again should a wrong appointment be made for the head of the National Prosecuting Authority.
He said the BLA was on record calling for a transparent formula to be appleied when the position was being filled.
“We know that it is the prerogative of the president to appoint the NDPP but we didn’t know what was happening behind the scenes when they make the decision. Now we will be part of it. We believe the new approach will come with an objective appointment because the process will be open, transparent and objective and will enjoy the support of the public and the legal profession,” Sigogo said. –
It is the President’s right to appoint the NDPP