Ramaphosa appoints acting head of NPA
HAVING wasted no time in appointing an acting head of the National Prosecuting Authority, President Cyril Ramaphosa has been urged to move quickly in appointing a permanent director for the position, unceremoniously vacated by Shaun Abrahams.
Ramaphosa issued a statement yesterday afternoon announcing Dr Silas Ramaite as the Acting National Director of Public Prosecutions (NDPP).
Ramaite will lead the NPA for three months, while Ramaphosa looks for a permanent replacement for Abrahams, who was removed by the Constitutional Court on Monday.
The court found that Abrahams’s appointment was invalid because his predecessor, Mxolisi Nxasana, was wrongfully removed by then-president Jacob Zuma. The court ruled that Nxasana must pay back R10 million of the golden handshake Zuma paid him to vacate the post.
A senior advocate, who worked as a senior prosecutor until 2016, said he had confidence that Ramaite would “sail the ship”.
However, the advocate said there was “nothing to write home about” on the appointment of an acting NDPP, as Ramaite would not have the power to make major decisions in the interim.
“As far as I know, Ramaite does not have a prospect of becoming the new NDPP, because of his age.
“If you look at the NPA Act, at the age of 67 one must throw in the towel. That is compulsory. If I am not mistaken, he was going to retire this year,” said the advocate.
Ramaite had previously acted in the position when Bulelani Ngcuka resigned in 2004, and before Abrahams permanently replaced Nxasana. He had been in trouble with the law following his arrest in 2011, for allegedly crashing his luxury Jaguar into a Nissan 1400 bakkie in Limpopo.
The Louis Trichardt Magistrate’s Court released him on R1 000 bail, but charges of reckless and negligent driving and driving under the influence were later withdrawn, pending blood test results.
Following the top court ruling on Monday, the president promised the nation he would appoint someone to act in the position the following day.
Ramaphosa’s office did not say much about Ramaite, when it announced his appointment yesterday.
“While the president is studying the (top court) judgment, he is committed to appointing a permanent NDPP well within the 90 days prescribed by the Constitutional Court for such an appointment to be made,” read a statement from the Presidency.
Ramaite has been the deputy NDPP since 2003. He was responsible for administration and the Office for Witness Protection.
He has a BProc from the University of Fort Hare, LLB, LLM, specialising in criminal law, constitutional law, administrative law and public international law and LLD, specialising in constitutional law from Unisa.
He was admitted as an advocate of the Supreme Court in 1988 and in 2001, he became senior counsel.
In 1997, Ramaite was the chief evidence leader for the Goldstone Commission, which investigated allegations presented to the Truth and Reconciliation Commission.
The Presidency said Ramaphosa believed that this Constitutional Court judgment has set the NPA on “a path that will restore the integrity of the authority and build the nation’s confidence in the criminal justice system”.
Another advocate said: “If you are acting you, can’t do anything groundbreaking.”