The DA has submitted a Promotion of Access to Information Act (PAIA) application after President Cyril Ramaphosa refused to release the report used to inform his decision on the appointment of the national director of public prosecutions.
The DA justice and constitutional development spokesperson, Glynnis Breytenbach, said in a statement the party has welcomed the appointment of Andy Mothibi and has hopes that it would help stabilise and strengthen the National Prosecuting Authority (NPA).
Breytenbach said there are still concerns about the appointment process and how Ramaphosa is handling it.
“The presidency has now confirmed that it will not make the NDPP panel report public, claiming it was intended only to guide the president and that there is no obligation to release it,” Breytenbach said.
According to Breytenbach, the process of transparency is being undermined in this regard, mainly by the delays, the inadequately constituted panel and the failure to handle its mandate.
“The president cannot exercise such sweeping constitutional powers behind a veil of secrecy,” Breytenbach said.
She stated that the report was put together to determine if the appointment process was lawful, rational and fair, and the public had a right to probe it.
“This report goes to the heart of whether the NDPP appointment process was lawful, rational, and fair. South Africans are entitled to see it.”
However, the DA congratulated Mothibi on his appointment, saying it hoped his leadership would improve the running of the NPA, lead to more prosecutions and help reduce crime.
Mothibi’s appointment will go into effect on February 1.
Breytenbach said Mothibi takes over at a difficult time, with crime on the rise and the NPA weakened after years of problems, while acknowledging that Mothibi’s experience as a former prosecutor and magistrate works in his favour.
“The organisation needs a strong leader who can rebuild its capacity and turn it into an effective crime-fighting institution.”
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