NDPP choice & # 39; is crucial for SA & # 39 ;, says Tony Leon

DURBAN – FORMER DA leader Tony Leon believes it's time for President Cyril Ramaphosa to show how serious he was about dealing with the "path of darkness that has engulfed the state for 10 years." Leon responded to the Constitutional Court decision this week to declare the appointment of Shaun Abraham as National Director of Public Prosecutions (NDPP) invalid.

He said it was worrying that the country had had six NDPPs in the past decade.

The newest is Dr. Silas Ramaite, who appointed Ramaphosa shortly after ConCourt's decision.

The court ruled that Ramaphosa had 90 days to make a fixed appointment.

"It's up to the president, if he just wants to keep going, he will not apply his thoughts," Leon said.

Leon selected Jacob Zuma and said that his "machinations were exposed by the ConCourt judges when they handed their verdict this week." 19659003] The court stated that Zuma "illegally" had bought Mxolisi Nxasana from the position with a "huge" R17million payout to run, with public funds, and promoted Abrahams.

Justice Mbuyiseli Madlanga said that Zuma's actions created an "inescapable" inference, which only jeopardized the independence of the NDPP's office.

"But he (Ramaphosa) has to make a daring appointment," Leon suggested.

"We urgently need a good director. More than one suitable candidate is likely to be available. "

For Leon, the obvious place lies with the General Council of the Bar of South Africa, which has senior lawyers as members.

" Someone in the bar could consider it their national service to position, that person must be an independent thinker, competent, fearless and have a proven track record. "

Leon was worried when Ramaphosa said he had to" consult "before he made a decision.

" Consult with whom? Ace (Magashule, the secretary general of the ANC) or DD (David Mabuza, the deputy of Ramaphosa in the ANC and the government) who already have charges of corruption over their heads.

"DD might even ask to be the head of the NPA," was Leon's sarcastic reaction.

Leon praised Ramaphosa for the work he had done to fight corruption and state detention so far and said that if he wanted to continue that process, the president would have to ensure that the NPA had sufficient resources.

"He should bring in some private lawyers to help with the operation of the NPA.

" In this way, the NPA itself could tackle state acceptance and other issues. Then we should not set things up like the Zondo commission, which costs a fortune and takes so long to get off the ground, "Leon argued.

The Zondo committee is a judicial investigation committee set up by Zuma. in 2017 to investigate issues of state detention and will be led by deputy chief judge Raymond Zondo

Leon was not in favor of Parliament in charge of Ramaphosa in choosing the next NDPP, he agreed that it would be more cautious would be working with a number of independent people to make appointments such as the NDPP, the SARS and the SAPS Commissioners, Heads of State and other institutions


He said that if the constitution were to be adapted to accommodate a nomination body, it should be done.

"An extra day of research would do no harm.

" If not, we are completely dependent on the integrity of the president. If you had Nelson Mandela or even Ramaphosa, I would say yes to their appointments.

"But what if Ramaphosa had a heart attack and you have DD Mabuza that replaces him and makes appointments without anyone objecting, so all those arrangements need a certain amount of control and balance. & # 39; & # 39;

Legal and political commentator Lawson Naidoo, who is also executive secretary of the Council for the Promotion of the South African Constitution (Casac), agreed with Leon.

"We have argued for a change in the way of appointment NDPP for a long time because it makes no sense for the head of the executive to appoint the head of an independent body such as the NPA.

"It's a concern that the president has some discretion in naming the NDPP, but we take heart from Ramaphosa's state of the country address where he said it would be a priority to NPA leadership issues. to deal with, "said Naidoo.

Professor of Constitutional Law and Political Analyst Professor Shadrack Gutto said that there was nothing wrong with the president making the appointment, but it must be done along the lines of how the public protector is appointed, after recommendations from the National Assembly .

Gutto said that the nomination process should include good nominations, transparent interview sessions and that the president should make the final decision.

"At the moment the trial of the president who simply decides, is wrong," said Gutto


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