Decision on boss of Public Prosecutions is one the panel simply has to get right

It is not an exaggeration to suggest that the health of our democracy depends on the strength of the country’s independent institutions.

It follows that having a strong, independent and capable National Director of Public Prosecutions (NDPP) is vital to consolidating our weak criminal justice system.

But the process of appointing one has been front of centre of the nation’s attention for all the wrong reasons.

President Cyril Ramaphosa caused immense uncertainty by leaving till the very last minute the appointment of the panel to interview candidates for the position.

Incumbent Shamila Botohi retires at the end of January which Ramaphosa has known for a long time. Instead of running the process mid-year, he left it to mid-December when the entire country is winding down.

The appointment of the panel was also controversial. Pundits have pointed out it lacked people with the requisite hands-on experience in prosecutions and law enforcement.

Not surprisingly, this panel then shortlisted a somewhat strange group of candidates in line with criteria which, for the first time, included an emphasis on executive management rather than the ability to litigate.

Indeed, its shortlisting of someone as controversial and ethically challenged as Menzi Simelane stands out as so shocking that it must call into question that entire panel’s judgment and plain common sense.

Both the Supreme Court of Appeal and the Constitutional Court found him to be dishonest and not a fit and proper person for the job.

Both ruled his 2009 appointment to that post by then president Jacob Zuma as invalid and inconsistent with the constitution.

He also currently faces an application from the Johannesburg Society of Advocates for his disbarment.

A more inappropriate candidate for the position of NDPP would be hard to find.

Such was the public outcry that not even this particular panel would have the brass to appoint him. But it served to distract from the importance of which of the others will be appointed.

Evidence before the Madlanga commission suggests that the fallout from the state capture years is far from over.

Quite clearly then, we need a strong, independent criminal justice system.

As pointed out by the SCA in the Simelane matter, the NPA has “awesome powers”. It institutes criminal proceedings on behalf of the state, and is central to the preservation of the rule of law.

The head of the NPA needs to be a person of “utmost integrity” who would act without fear, favour or prejudice.

Let’s just hope that the panel doesn’t lose sight of this when it makes its recommendation to the president on who the next NDPP should be.

Daily Dispatch