MANDY WIENER | Searching for a superhero with a spine of steel: Why the position of NDPP matters so much

This week, a panel appointed by President Ramaphosa has interviewed six candidates for the position of National Director of Public Prosecutions. Only half a dozen of the applicants qualified as meeting the requirements for the position. That’s because many people don’t want the job of being in charge of the National Prosecuting Authority.

It is a job that has been a poisoned chalice for previous NDPPs, with none prior to the incumbent Shamila Batohi serving a full term. They have been removed by courts, presidential intervention, golden handshakes and controversy.

The interviews for NDPP have been transparent. They have also not been without drama, with the DA threatening to interdict the process. There have also been serious concerns around how late in the game the President has left the selection of Batohi’s successor. Her term expires at the end of January.

Who becomes the National Director of Public Prosecutions is arguably one of the most important selections in this country, and it should be treated as such.

That individual will be responsible for determining prosecution policy and will set the rules and guidelines for all prosecutors in the country. They can intervene in prosecutions and review decisions to prosecute or not to after hearing representations. They manage the National Prosecution Service and specialised units like the Investigating Directorate.

This means they need to have a deep understanding of the prosecutorial process and the law. They need to have earned the respect of the legal fraternity and of prosecutors specifically.

They must be a good manager and earn the trust of an institution that has long been fragmented and riddled with division and politics.

But most crucial is the necessity to ensure the integrity of not only the NPA, but of the rule of law in the country. It is paramount that the NPA acts without fear, favour or prejudice. In a climate of allegations of prosecutor and judicial capture emanating from the Madlanga Inquiry, that is more important than ever.

Endemic corruption in South Africa has eroded public trust and confidence in the government. For that to be restored, we need to know that those responsible for gobbling public funds and abusing the state will be held to account.

That accountability comes through the capability and effectiveness of the NPA and whether it can demonstrate convictions.

If this does not happen, there is no accountability, and misconductwill merely continue.

We must have confidence that the person leading the institution is fearless, is beyond reproach and is willing to face any kind of political pressure. They need to be superhero civil servants with spines of steel.

Dr Suhayfa Bhamjee, from the UKZN School of Law, told me on The Midday Report that if the prosecuting authority is the embodiment of one person, then ‘the workings and movings of the criminal justice system lie in this person’s hands’.

“The NDPP sets the policy, sets the tone, sets the game plan, what are we doing, what are we tolerating, what are we not tolerating,” explains Dr Bhamjee.

This filters down into whether regular citizens have confidence in the rule of law and the justice system.

“Those of us who are down the food chain, who are experiencing crimes, as victims of crime, it’s a hesitant question. Someone broke into my car and stole my radio. Do I bother to report it? Is it even going to go to court? It’s the ripple effect. The other side of the coin is vigilante justice, and with the Operation Dudula case, the courts are quite clear that vigilante justice will not be tolerated, but with systemic failures, what we are risking is that a system that we should be owning as a society is not serving us the way it should,” said Dr Bhamjee.

Similarly, Ann Bernstein from The Centre for Development and Enterprise emphasises the importance of getting the right person for the job.

“The NDPP’s job is to lead the fight against corruption and crime, to ensure the prosecution of the powerful without fear, favour or prejudice, and to uphold the rule of law. This is a position that demands first-rate legal competence, an unshakeable sense of justice, absolute integrity, the thickest possible skin, and the courage to withstand immense political pressure,” said Bernstein. “South Africa cannot afford another decade of drift and impunity. The panel must use these interviews to test which of the candidates would be willing and able to prosecute the powerful, have the determination, experience and capacity to rebuild the NPA and restore public confidence in the rule of law.”

It is essential that whoever takes over at the NPA embodies all these requirements. They will have to withstand enormous pressure. They will have to be able to manoeuvre through a politicised environment but remain untainted. They will have to have a sharp legal mind and be a good, ethical person. They will have to have supreme confidence and instil the team with an ethos of professionalism.

This is all in an organisation that was eviscerated and profoundly damaged by state capture.

We are looking for a superhuman candidate. Whoever takes the job will face extreme expectations.