News24

Zuma must explain NPA decision - DA

2013-07-04 14:22

Johannesburg - President Jacob Zuma must explain his refusal to appoint a permanent national director of public prosecutions (NDPP) to the Constitutional Court, the DA said on Thursday.

Democratic Alliance MP James Selfe said Zuma's decision to oppose an application by the Council for the Advancement of the SA Constitution (Casac) in the Constitutional Court to force him to make a permanent NDPP appointment was "deeply regrettable".

"The president’s decision to oppose the application means that the taxpayer will now have to foot the bill for legal costs in a case seeking to force the president to execute his duties as head of state," Selfe said.

"This application to the Constitutional Court should not have been necessary in the first place and represents a failing presidency."

Zuma opposing Casac bid

On Thursday, the Beeld newspaper reported that Zuma would oppose Casac's application to force him to appoint a permanent NDPP within 30 days.

Casac has asked the highest court in the land to force Zuma to make the appointment.

Beeld reported that Zuma's legal team on Wednesday informed the rights group in writing of Zuma's decision to oppose the application.

The prosecuting authority has been led by acting head Nomgcobo Jiba for the past nine months, but has been without a permanent head since the Supreme Court of Appeal set aside Zuma's appointment of advocate Menzi Simelane as NDPP in 2011.

The presidency has to submit its response statement to the court by 19 July.

Selfe said at the very least, the application would provide an ideal opportunity for Zuma to explain to the nation why he refused to appoint a permanent NDPP to the detriment of the National Prosecuting Authority.

Zuma ‘obliged to appoint NPA head’

The DA believed Zuma's failure to appoint a permanent head of the NPA was not only undesirable, but arguably, unconstitutional.

There were two reasons why an acting NDPP was undesirable, he said.

"Any acting appointee may be removed at any time, undermining the independence of the NDPP.

"An acting NDPP cannot fulfil his or her constitutional obligations to determine prosecution policy and to issue policy directives," he said.

Selfe said the president was obliged to appoint the head of the prosecuting authority.

Furthermore, section 237 of the Constitution stated that all constitutional obligations had to be performed diligently and without delay.

Comments
  • Payricia Bull - 2013-07-04 14:40

    What SA needs more than all this is legislation banning camera-phones and cameras from being taken into voting cubicles ...... FREE and FAIR voting guidelines into law before 2014 elections ..... (No gangsters outside polling stations)

      Henry Hattingh - 2013-07-04 15:16

      Zuma, truth stranger that fiction. We as South Africans deserve so much better than this !!!

      Sancho De Freitas Harker - 2013-07-04 15:45

      https://www.facebook.com/groups/591679430876650/

      Godfrey Welman - 2013-07-04 19:13

      Hey Cosatu, where are you??? here is a person in an acting position for more then 6 month and still not permanent...lol

  • Jonathan Woods - 2013-07-04 14:53

    Again confirmation that the president has NO idea of what his actual responsibilities to the Nation are! We the people need to terminate his employment!

      Marc Ross - 2013-07-04 15:45

      Jonathan give the man a chance. With four wives and untold "los" on the side, I am sure he will get down to NDPP apointment. It's just a matter of priorities. There are only so many hours in a day.

  • Payricia Bull - 2013-07-04 14:58

    I see the news24 (volunteers) are hard at work!

  • Lubabalo Ntsunguzi - 2013-07-04 14:59

    This is very strange, clearly the NPA is not a priority right now, they can remain in the state of limbo for as long as it takes. If atleast we can be given another force in the meantime, with real capabilities to prosecute and convict criminals, succesfully

  • Eterni80 - 2013-07-04 15:00

    it's simple - he would end up in their cross-hairs as he's the most corrupt of them all.

  • Reg Tischendorf - 2013-07-04 15:26

    What a bloody clown. Any cirus want this idiot???? I don't think so!!!

  • Darryl Maze - 2013-07-04 15:38

    You want Zuma to explain??? Zuma cant even explain the cr@p that comes out his own mouth.

  • Sancho De Freitas Harker - 2013-07-04 15:44

    https://www.facebook.com/groups/591679430876650/

  • Israel - 2013-07-04 17:03

    Zumakie it is time that you stop behaving like a DICTATOR

  • Léviter Au-dessus des Montagnes-Bleues - 2013-07-04 18:43

    AMANDLA Caligula of Nkandla hoodwinking the nation with his continual "STAY OUT OF JAIL" jinxing! http://www.youtube.com/watch?v=FUTiEG3BeXQ singing "i'll do it MY way, and stuff Democracy into all your throats at the same time too" giggle giggle giggle 'mshinie'weenie'wam buffoons rule the banana republic better than every limp wristed intellectual and businessman. bayete

  • Andre Malherbe - 2013-07-25 10:57

    Why would anyone claiming to be innocent go out of his may to make sure that he doesn't have to prove it. This is a disgusting state of affairs and makes a mockery of us as a country. Zuma is spitting in the eye of every single person who fought, died and lived for the liberation of this country.

  • Gerrit De Lange - 2013-11-05 05:45

    He is just looking after his own hide!!

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