CDE warns against rushed NDPP appointment as NPA crisis deepens

The Centre for Development and Enterprise (CDE) has warned that South Africa cannot afford another weak appointment to the position of National Director of Public Prosecutions (NDPP), as interviews for the post get underway.

Executive Director Ann Bernstein says the National Prosecuting Authority (NPA) remains "singularly unsuccessful" in prosecuting grand corruption.

"As we can see with the Madlanga Commission, our criminal justice system is in deep, deep trouble. At the heart of this is the rule of law, which is fundamental for our society, to protect human rights and for economic growth reasons. This is a key institution – the prosecution service.

"The fact is, since the Zondo Commission, maybe before, when it comes to grand corruption cases, the NPA has been singularly unsuccessful, that is the key issue facing the country.

Will we get a new head of the NDPP who is willing to take on the most powerful people in the country if necessary, who will fight for the integrity of this organisation and who has the management experience and leadership capability to ake the NPA the highly effective, excellent organisation the country desperately needs?"

Bernstein argues that the integrity of the process is already in question, with the CDE expressing dissatisfaction over the composition of President Cyril Ramaphosa’s selection panel.

"We were arguing for the right kind of panel. So, we're not happy with this panel that the President has appointed – it doesn't represent the judiciary at all, the legal profession as a whole. There's nobody from business or a senior civil service, or a retired civil servant with management experience. We wanted a different panel.

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With current NDPP Shamila Batohi's term ending in January, Bernstein insists that delaying the appointment is preferable to rushing through an unsuitable candidate.

"We are saying if you can't find a person of excellence with he capacity the country needs, rather delay and deal with the consequences of that, than appoint the wrong person. We've had many people appointed to the NDPP position over the last 20 years that were clearly the wrong people. So, delay is preferable in our view."

To listen to Ann Bernstein in conversation with 702 and CapeTalk’s Mandy Wiener, click the audio below: