‘Parliament should appoint new NDPP’
THE DA and IFP have called on President Cyril Ramaphosa to recuse himself from appointing a new National Director of Public Prosecutions, saying the president should instead allow Parliament to handle this crucial appointment.
The opposition parties were reacting to yesterday’s Constitutional Court ruling, which effectively removed Shaun Abrahams from the powerful post of NDPP.
“If Parliament were to handle the process (the appointment), it would be done in a more open and transparent manner, free from political meddling.
“This would follow the same processes and procedure in the appointments of the Public Protector or the Human Rights Commissioner,” said IFP MP, Narend Singh.
The court also ruled that Abrahams’s predecessor Mxolisi Nxasana should pay back part of R17 million he received from former president Jacob Zuma as a golden handshake to leave the NPA.
“Mr Nxasana’s repayment of over R10m to the state will be closely monitored,” said Singh.
DA MP Glynnis Breytenbach said Parliament should play a central role in appointing the NDPP, in order to prevent political meddling in the crucial institution.
“President Ramaphosa must stop evading the inevitable and should, with the participation of Parliament, appoint a credible and independent NDPP, which will restore the public’s faith in the integrity of the NPA,” said Breytenbach.
In terms of Section 179 of the Constitution, the NDPP is appointed by the president, as head of the national executive.
ANC spokesperson Pule Mabe said the judgment had given Ramaphosa “the space to move with speed and urgency to resolve the leadership question at the NPA”.
“What is crucial for the ANC is the restoration of the independence, integrity and credibility of this key lawenforcement agency.
“Anything that compromises the independence of the NPA will undermine its credibility, and lead to a serious erosion of the rule of law.
“The ANC has confidence in its president Cyril Ramaphosa to handle this matter in a manner that will restore public confidence in our prosecuting authority,” Mabe pointed out.
EFF spokesperson Mbuyiseni Ndlozi said they hoped that from the time he became president, Ramaphosa already had a name of a credible and independent person to replace Abrahams.
“We call on the president to follow due process and avoid imposing an ANC deployee as the head of NPA, who will run the institution in accordance with the dictates of the ANC, in particular protecting or avoiding the prosecution of top politicians,” said Ndlozi.
Dr Mathole Motshekga, Parliament’s portfolio committee on justice and correctional services chairperson, said the judgment should bring closure to a long and drawn-out chapter at the NPA.
“This has led to uncertainty at the NPA. The focus should now revert back to stability and certainty at the NPA.”
Motshekga added that he would also speedily ensure the amendment of certain parts of the NPA Act after the Constitutional Court declared them unconstitutional in its findings yesterday.