News24

Zuma can restore NPA credibility - expert

2012-10-05 22:18

Johannesburg - President Jacob Zuma has an opportunity to appoint a new National Director of Public Prosecutions (NDPP) to restore the credibility of the National Prosecuting Authority, an expert said on Friday.

"The judgment by the Constitutional Court provides an opportunity to restore the credibility of the NPA by appointing someone who is non-political and non-partisan, a person that will not tolerate any improper conduct," said law expert Pierre de Vos.

The Constitutional Court found on Friday that Zuma's appointment of Menzi Simelane as NDPP was unconstitutional and invalid.

In a judgment read by Judge Zak Yacoob, the court found that the NDPP's appointment was not a matter to be determined by the subjective opinion of Zuma, but a "jurisdictional prerequisite" determined objectively.

"The purpose of the conferral of the power to appoint the NDPP on the president was to ensure that the appointee was sufficiently conscientious and had the integrity required to be entrusted with the responsibilities of the office," Yacoob said.

On May 8, the court heard an application by the Democratic Alliance to confirm a Supreme Court of Appeal ruling that the decision to employ Simelane was invalid.

He was appointed to the job in November 2009.

De Vos said questions were asked about on why Zuma was advised to appoint Simelane by Justice and Constitutional Development Minister Jeff Radebe, who ignored the evidence against him

"From the perspective of the presidency, it would be helpful if a reasonable answer is provided for the irrational decision that was taken," said De Vos.

"If the president takes the considerations seriously, he might restore the NPA's credibility and their functionality."

On Friday afternoon, the presidency said it was studying the judgment.

"The presidency respects and will abide by the ruling of the Constitutional Court, which is the highest court in our democracy," spokesperson Mac Maharaj said.

DA leader Helen Zille told reporters that the NDPP should not be a "politicised appointment who can do the bidding of the president or the political executive. The office should be entirely independent", she said.

"Otherwise, the risk is that the political party in power can abuse that power and use the law to persecute and not prosecute their political enemies."

Zille said Zuma should consult senior jurists and other people in the law fraternity before appointing a new NDPP.

Questions raised

Justice department spokesperson Mthunzi Mhaga said in a statement: "We are naturally disappointed with the judgment... We will abide by same as the Constitutional Court is the final arbiter on these issues."

The report of the Ginwala commission of inquiry into Simelane's predecessor Vusi Pikoli's fitness to hold office had raised concerns about Simelane's understanding of the relationship between the justice department, where he was director general, and the NPA.

Ginwala, in her 2008 report, found his testimony contradictory and without basis in fact or law.

Yacoob said Simelane was evaluated in terms of the Ginwala inquiry and his evidence.

"[We] conclude that the evidence was contradictory and, on its face, indicative of Mr Simelane's honesty. It raises serious questions about Mr Simelane's conscientiousness, integrity, and credibility.

"A failure to take into account relevant material that colours the entire process with irrationality will render the decision irrational."

"The purpose of the conferral of the power to appoint the NDPP on the president was to ensure that the appointee was sufficiently conscientious and had the integrity required to be entrusted with the responsibilities of the office.

"Dishonesty is inconsistent with the conscientiousness and integrity required for the proper execution of the responsibilities of a National Director of Public Prosecutions."

The justice minister was ordered to pay the DA's legal costs.

Mhaga said the department was pleased with the decision that Simelane's decisions taken while he was NDPP would remain valid.

Comments
  • sharon.erwin.96 - 2012-10-05 22:35

    Can he spell "credibility"? Can he spell "Irregular appointment"? How about "unconstitutional"? It would appear that he does not know what these words mean, I just thought at least if he could spell them it would be a step in the right direction!

      christelle.james.7 - 2012-10-05 22:38

      You are kind Sharon - you left out many words and descriptions. And he could not restore his own credibility - he could not arrange a p-up in brewery.....how is he going to manage to restore the credibility of the NPA

      lsfreak - 2012-10-05 22:43

      "Zuma can restore NPA credibility"... Say sorry, step-down with all incompetent ministers and take up GOLF. Heard it's good for all kinds of health problems :D

  • hitting.thefan - 2012-10-05 22:35

    All appointments done by Zuma has alterior motives, strenghtening his support base. He is incabable of appointing some-one that has some sort backbone/integraty.He himself lacks integraty so how can this happen.All action are always to save his skin!

      juan.prinsloo.750 - 2012-10-06 01:40

      The problem is that the person doing the appointments has no integrity. What outcomes can one expect?

  • nicholas.graan - 2012-10-05 22:43

    Why didn't he just do it properly in the first place?? Despite howls of protests he just bumbled on with the Simelane appointment with the full support of Jeff Radebe (who is supposed to be the Minister of Justice) who now also has egg on his face. Like with Zuma, his job is not under threat nor does he give a damn.

  • Prince Bird - 2012-10-05 23:10

    How can he appoint suitable candidate whereas he's afraid to be prosecuted? He just chose his buddies so that they can shield him. Truth has it's own way of coming out.

  • ongwenya1 - 2012-10-05 23:13

    Another egg in the face, not good for Man gaung on our president

      njdejager - 2012-10-05 23:33

      Hopefully ex-president

  • WigzellRM - 2012-10-05 23:14

    Yes, so that they can successfully prosecute him for his outstanding corruption charges.

  • chris.summers.3954 - 2012-10-05 23:18

    Why the hell would Zuma put effort into strenghtening the NPA? The NPA lost their credibility when Zuma dodged his corruption charges by way of a "political solution" and now he has an opportunity to restore their credibility? Dear Pierre de Vos, this is Earth, South Africa specifically, do you copy in whatever magical fairyland you seem to exist in?

  • rob.gunning.1 - 2012-10-05 23:31

    Sorry Pierre de Vos but any appointment by Zuma will not be credible. Zuma is irrational, he is a leech on society and of his fellow man, he places his uneducated faith in liars and cheats and scoundrels. I resent his recommendations, appointments and decisions

  • wize.man.31 - 2012-10-05 23:31

    Our president has got alot on his mind every day..... Who will it be tonight? Wife No.1 .. No.3.... No.5? How can I spend more taxpayer money for myself and my buddies and try to hide it? Who can I blame for my countries downfall? Give this guy a break please he's got alot on his Std 5 mind.

  • njdejager - 2012-10-05 23:32

    Well.....uhm he destroyed the credibility. Its his JOB to fix it but i doubt it. He just just going to appoint another crony hoping no one will resist. Thats how the anc rolls.

      sheik.mohammad.378 - 2012-10-05 23:52

      That's a given.

  • BangBang - 2012-10-05 23:45

    Any credible law enforcement agency would be investigating the pillaging of state assets by the zoomer gang! Of course he's gonna appoint the next incompetent yes-man, to protect his own butt.

  • a18nukem - 2012-10-06 00:05

    Now can these ANC supporters accept that Zuma was involved in corrupt dealings in the arms deal. Firing Pikoli, shutting down the Scorpions, dropping his own charges, now this corrupt appointment. How much more obvious do these airhead ANC supporters need it to be, seriously.

  • singatha.jongihlati - 2012-10-06 00:06

    Oh,but we know he can't.Watch this space.

  • tsietsi.mshengu - 2012-10-06 00:09

    I think its high time that tabloids like Daily Sun start publishing such findings so that the masses may be in the know of what is going on in this country. The tokoloshe stories are not informative and are taking us nowhere. We need to be convinced that these tabloids are not supporting any political party, or are they?

      Rafels1 - 2012-10-06 06:44

      @tsietsi: you are absolutely right. The masses are being fed nonsensical stories by the Daily Sun and similar, while the real issues are being ignored.

  • tsietsi.mshengu - 2012-10-06 00:15

    Is there a sane and sensible person who believes that Zuma knows and understands what credibility means? I doubt it. Not unless you are like him, or stands to benefit from his blunders. That's a FACT!

  • gert.swart.393 - 2012-10-06 00:22

    Zuma stel nie daarin belang om iets in belang van die land te doen nie. Ek hoop nie hy wen sy geveg met Malema nie, want na nog 4 jaar van Zuma gaan daar niks van die land oorbly nie.

  • simon.shee - 2012-10-06 00:36

    Dishonesty is a prerequisite for high office in the ANC

  • sminx.r.mandla - 2012-10-06 00:58

    LOL, the shower-head himself is not credible so WTF????

  • Mike - 2012-10-06 01:01

    Ah, well... At least we have an expert!

  • lionel.defrontignac - 2012-10-06 01:41

    All our corrupt president has to do is keep a buddy there in an acting post - no court challenge... - De Vos is in cloud lah lah land. Maybe we should check if Zuma is a telly tubby. He does a nice little jig...

  • Thobeka Mthombothi Mofire - 2012-10-06 02:17

    Zuma should step down as president n give da position back to Mbeki if he doesnt want to, then ANC should not rule they've honestly failed.

  • francois.cilliers.313 - 2012-10-06 02:25

    As it was Simelane who decided not to prosecute Zuma, I wonder if it renders the dropping of the charges also to be invalid and therefore still stands. The principle that fruit from a poisoned tree is also poisoned.

  • ron.samuels.129 - 2012-10-06 03:39

    restore what,another of his inner circle guys? This president or any other ANC government member have lost all credibility to do anything right!

  • robert.doyle.712 - 2012-10-06 03:48

    LOL

  • douglas.reid.921 - 2012-10-06 03:59

    How can this rotten anc ever restore credibility? The court ruled that Shaik and Zuma had a corrupt relationship. Shaik went to jail and Zuma went to heaven. DA could go a long way to cleaning up this mess by just exposing all the sins of the anc. Ultimately its the voters who need to sent a clear message to the anc, ENOUGH!!!!!!!!!

      pierre.devilliers.9231 - 2012-10-06 04:52

      @Douglas - you should actually have known by now that the statement of a "corrupt relationship" between Zuma and Schaik was a fabrication from the media and not anything said by the acting judge at the time. There were quite a few publications at the time when the judge went public, distancing himself from that statement and also said that nowhere in the court transcripts could it be found that he said it. As said before the media fabricated that statement – it did not came from a court or a judge.

      douglas.reid.921 - 2012-10-06 06:30

      Pierre, if what you say is true then why was it said and why didn't Zuma sue the press for defamation? I certainly didn't fabricate it.

      Rafels1 - 2012-10-06 06:52

      "An overall corrupt relationship, Political Bureau The Star, Johannesburg, November 14, 2006 Edition 4 'An overall corrupt relationship' Take your choice: "a generally corrupt relationship"; a "mutually beneficial symbiosis"; or "an overall corrupt relationship". These are three descriptions used to define the relationship between Schabir Shaik and Jacob Zuma. The first was given by Billy Downer SC in his preamble on the first day of Shaik's trial. The second, by trial judge Hilary Squires in his judgment last year. And the third, and definitive conclusion, by the Supreme Court of Appeal (SCA)."

      douglas.reid.921 - 2012-10-06 07:35

      Thanks Rafels1, I thought there was some substance to what I had said. Sadly this will all be forgotten in time.

  • Tshilidzi Wa Ha Mukhovha - 2012-10-06 04:06

    How can he restore the credibility of NPA while he failed at the first time

  • gary.doyle.520 - 2012-10-06 05:38

    Zuma and credibility should not be used in the same sentense.

  • jackie.white.94064 - 2012-10-06 06:10

    Bwahahaha....sorry I actually don't have words for this. What a joke

  • hein.huyser - 2012-10-06 06:53

    How is it that we have a President that have lost all credibility all over the world, but he still is in power. He and all his struggle cronies need to be shafted to the history books.

      gngaleka - 2012-10-06 07:52

      Are you and a bunch of likeminded lunatics the world

  • marie.smit.566 - 2012-10-06 06:58

    Does he know anyone without a record?

      Rhulani Coleman Mkhwanazi - 2012-10-06 09:07

      @ Marie smith ..................lol you can ask again. All i see from this fellow to be a prisoner is that he is shaking now, he knew this will come and his old friend Malema he's pimping him from far and silently. i suggest a new ruling party.

  • puckson.gumede - 2012-10-06 07:03

    These comments are so devoid of any logic they're sickening to say the least. Open your eyes to the fact that the right wing parties are fighting a democratically elected government through the courts which are still shockingly stuffed with right wing judges who remain racist and unrepentant .

      mare.plessis - 2012-10-06 07:33

      You are an idiot. Plain and simply

      Erna - 2012-10-06 07:48

      What is sad is that we have a government we can't trust to make honest decisions and we have a president who has no morals or backbone! He is so worried that he will still be charged that he makes stupid decisions. You are so blinded by racism that you cannot see this.

      tsmuavha - 2012-10-06 07:55

      just because ANC was democratically elected does not mean that they are above the law..our constitution stipulates that the rule of law should take precedent and the legislator as well as the executive are bound by the constitution..what you are suggesting articulates doctrine of parliamentary sovereignty wherein courts could not examine laws empowered by the executive,and that is not different from apartheid system wherein laws and actions of the executive and parliament were deemed legal no matter how unjustified they were just because they were enacted by a sovereign body. True democracy ensures trias politica,wherein the decisions of other bodies are examined by the courts to ensure their legality,therefore I find your argument flawed and without basis..

  • motleleng - 2012-10-06 07:15

    Credibility of the NPA will only be restored when the people of this democratic country receive the corruption TAPES from thee NPA...

      mare.plessis - 2012-10-06 07:33

      Absolutely correct!

  • talana.malherbe - 2012-10-06 07:53

    What a joke! Zuma and credibility all in one sentence!

  • mzwandile.dlamanzi - 2012-10-06 08:05

    If the constitutional court found unlawful act here does that not mean someone responsible should be charged and arrested?

  • sam.ntshangase - 2012-10-06 08:05

    This is what is good with ANC Govt compared Apartheid Govt. ppl can criticize freely without fear of being killed,tortured,arested etc not even Mugabe can do these evil things

      mare.plessis - 2012-10-06 08:25

      You are also an idiot

  • maruis.kleynhans - 2012-10-06 08:33

    I for one realy like to see showerhead appoint Chuck Norris. He is the only one that can and will put these corrupt 'leaders' of us in jail. And the best part is the there will be an a$$ kicking involved that will be entertaining to watch.

      thami.ximba - 2012-10-06 08:40

      your comment is full of hatred and stupidity

  • andile.nokhetshe - 2012-10-06 08:59

    Fact: Zuma can restore NOTHING...

  • barry.pointeer - 2012-10-06 09:16

    aids get off-- get off-- im gonna go take a shower.

  • chrisjanbotha - 2012-10-06 09:19

    Zoomer also have the opportunity to resign....

  • tjkruger - 2012-10-06 09:24

    With his own credibility in tatters, Zuma is hardly in a position to restore the credibility of anybody else - let alone the NPA.

  • Puseletso Phambane - 2012-10-06 09:29

    i used to hate Helen Zille for nthing,bt nw i c her as a replica of uTata Mandela..ths women is committed to restoring our SA..pity she doesnt get the support she needs from us to save our land..wish i cud do something..bt wht?...any ideas how we can help,surely we cant sit bck and watch,ther must be something we can do..suggestions ppl bt only those who r agreeng wth me im nt interested in objections u can keep them to urselfs..ONLY SUGGESTIONS!

      mzwandile.dlamanzi - 2012-10-06 09:39

      I think you should wake up already even thou i understand its awkend so dreaming at this time is allowed. You dont put mandela and helen in one sentence sbanxa

      Livvi Krige - 2012-10-06 10:36

      Talk to and convince as many people as you can to vote for Hellen Zille in the next election. Only by changing these people's mindset and seeing the current governing party as the corrupt thieves that they are can bring change about. People need to start voting with their heads and not their hearts. Good luck!!

  • pat.aldrich.96 - 2012-10-06 09:32

    He cannot appoint anyone else as a true supporter. Who else is to rescue him from the jail.

  • Eterni80 - 2012-10-06 09:53

    He'd get alot more if resigned.

  • khathutshelo.muafrica - 2012-10-06 10:07

    Imposible zuma will apoint da ryt person..rememba his crimes! How can he employ sum1 who is going 2 send him behind bars..lets hope motlanthe wins in mangaung

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