Independence proposed for NPA

2012-11-24 10:19

Johannesburg - Amendments to the National Prosecuting Authority legislation were being proposed so that it was "independent", it was reported on Saturday.

Acting head Nomgcobo Jiba told the Saturday Star that steps were under way to establish the NPA as a stand-alone entity, possibly similar to Chapter 9 institutions such as the public protector and auditor-general.

The NPA was established in Chapter 8 of the Constitution and was regarded as a line function of the justice department, with the minister in charge.

It accountants to Parliament and is funded by the department of justice.
According to the newspaper this had consequences.

This included the fact that budgets were cut for non-governmental organisation-run diversion programmes aimed at keeping non-violent and youth offenders out of jail while imposing alternative, non-custodial sentences.

Paul Hoffman, director of Institute for Accountability in SA, said he would welcome the change that would make the NPA independent as long as it was done properly.

Earlier this week, Jiba denied that the NPA was politically influenced.

"These are perceptions. We strive to ensure we prosecute without fear, favour or prejudice," Jiba said in Pretoria at an Institute for Security Studies seminar.

This was after a Sunday Times report regarding the dropping of corruption charges against President Jacob Zuma in 2009.

Jiba said the NPA did not withdraw charges against people without reason, there were policies in place which had to be followed.

  • makarapakaplan - 2012-11-24 10:34

    Yes this must be done as a matter of urgency!!! Too much political interference from the cadres has occurred already

  • debduplessis - 2012-11-24 10:36

    I was under impression it was independent ages ago ... we just can not allow Zuma or any self-serving political party to blackmail our justice system again!!! Reinstate the charges & do it properly.. we citizens rely on a just, fair & proper legal system & authority!

  • JanGrimbeek - 2012-11-24 10:37

    "We strive to ensure we prosecute without fear, favour or prejudice," You should not STRIVE, that means that you are looking for loopholes. You SHOULD ensure to prosecute........... End of story full-stop.

  • piet.motsoeneng - 2012-11-24 10:38

    It may be a step in the right direction Ms Jiba, but even a chapter nine institution can be rendered ineffective if it is headed by political deployees. We have seen it happen with Lawrance Mushwana and on the flip side the appointment of Thuli Madonsela proved that if one is appointed o basis of abilities the institution can be effective. So, it will still need the National Director Of Public Prosecution to be appointed on competency basis not political affiliation to make it effective.

      jy.wilmos - 2012-11-24 10:59

      That's the heart of the matter.

  • Louisa Hatton - 2012-11-24 10:41

    it sounds positive. then there will be no impartiality when prosecuting. the guilty will get punished without government protection. that's how i understand it.

  • shirley.steenkamp - 2012-11-24 10:42

    I will believe this when I see it. They are soooo in the pocket of the anc and are like puppets. Far too much stuff swept under the carpet to satisfy plitical agendas!

  • elitetheomtileni - 2012-11-24 10:48

    this must be done as a matter of urgency, there is too much political interference from the comrades, that hamper the smooth flow progression of this institution

  • bretton.eveleigh - 2012-11-24 10:52

    It will never be independent, whoever funds it and ultimately pays the big salaries will always have a say... by hook or by crook!

      beverly.young3 - 2012-11-24 14:20

      Yeah sadly.....

  • henry.vanderburpenfart - 2012-11-24 11:18

    Great idea!

  • vernon.samuel.7 - 2012-11-24 11:21

    Well Jiba, it is wonderful that the NPA does not prosecute without reason as you claim. However, it is worrying that the NPA is unable or unwilling to provide those reasons to the public. Even when there is a court order compelling you to do so. So either you think that the SA public are a bunch of idiots or you yourself are a delusional moron. Which is it? Twat!

  • firmsly.kabelo - 2012-11-24 11:24

    This proposal is a confirmation that the NPA isn't independent as we are made to believe it is. The NPA will only be independent when the ANC stops deploying comrades as Head of this institution.

  • reine.marais - 2012-11-24 11:35

    Justice [NPA] and Government must be separated! Of course, that does not in any way guarantee that justice will be served. It just betters the chances.

  • mphotant.thelejane - 2012-11-24 11:43

    Nonsense this is just ANC attempt to delay opposition parties vote of no confidence agaist head of state. This is nonsense

  • piet.lombard.5 - 2012-11-24 11:49

    Showahead will stop it.!!!

  • dhavandran.palavar - 2012-11-24 12:32

    really? independant! pigs will fly....

  • mmoledis - 2012-11-24 12:35

    As citizens we want to be equal all of us before the law and without the law having eyes to can see who is a politician and who is not before charging an offender, so NPA should be like the scorpions, be independent of department of justice,government officials and politics, then crime,fraud and corruption within the government will be fought out rightly and as such South Africa will economically be a good country where ruling party will be free from criminal activities and serve the people who voted them in.Also there must be a wath dog unit for department of justice where our courts need to be put under a claer watch for being baise as we need proper and good judgements in our courts, some judicial officials because of powers vested on them like migistrates and judges should priside properly and if not then too be held liable for their actions for bringing justice department into disrepute, so such unit should attend courts and listern to some cases and if they feel and see that presiding officer there was ruling in favour of someone then the case be looked into afresh until true things are done. In this country there are lot of people who goes free even though they have committed some serious crimes because of having money or politicaly related to some party or officials in government and this should stop for this country to be the one above the rest and for citizens to see truly that we are all equal before the law.

  • Erna - 2012-11-24 12:53

    While there is a perception that the NPA is influenced by government it is probably true. After all, who gave the so-called 'spy tapes' to zuma's lawyer?

  • james.stevens.391420 - 2012-11-24 13:26

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  • SarelJBotha - 2012-11-24 13:42

    This can only help us all.

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