South Africa’s official opposition Democratic Alliance says the resignation announced at the weekend of National Director of Public Prosecutions Bulelani Ngcuka proves the point that it is unwise to put high profile African National Congress politicians into jobs which require impartiality.
Ngcuka, whose resignation was confirmed by government, was recently rapped over the knuckles by Parliament for impugning the constitutional right of Deputy President Jacob Zuma to human dignity following a report by the Public Protector Lawrence Mushwana urging Parliament to take action against him.
Sheila Camerer, a former deputy justice minister in the Nelson Mandela government, said: “His [Ngcuka’s] exit under these circumstances once again proves the DA’s point that it is unwise to put high profile ANC politicians into jobs which require absolute impartiality and lack of bias. Inevitably cadres like Ngcuka and Mushwana are liable to be pressured by the ANC or by factions within the ANC. Indeed they are set up for failure.”
Camerer said, nevertheless, that it was “a great pity” that he was going “especially so soon after the African National Congress majority in Parliament forced through a motion disapproving of Ngcuka’s action in publicly stating last August that there was a prima facie case of corruption against Deputy President [Jacob] Zuma but that he would not proceed to prosecute him.”
This refers to Ngcuka’s decision last year not to prosecute Zuma but the implication of his remark was that there was something murky about his dealings with a French arms company associated with South Africa’s arms procurement programme.
Camerer said: “It is clear that Ngcuka has finally succumbed to the huge political pressure put on him by the ANC since taking that decision.”
It is understood that Ngcuka will move to a private sector post. Camerer said Ngcuka “has been a tough minded crime buster who played rough and acted without fear, favour or prejudice when pursuing criminals as required by the Constitution”.
“The DA will be watching with interest to see if these events affect the case of corruption and fraud against Schabir Shaik, ANC colleague, friend and financial advisor of the deputy president and whether a successful prosecution in that case will lead the National Prosecuting Authority to reconsider opening a corruption case against Deputy President Zuma.”
“In these circumstances if that substantial and detailed case [on paper] suddenly fades away or dissolves into a plea bargain on the minor charges, it will have grave implications for the rule of law and the administration of justice in our country.”
New National Party justice spokesperson Carol Johnson said: “We believe that advocate Ngcuka has over the years played a leading role in the successes achieved by the National Prosecuting Authority. A decision to resign is a personal decision and one must respect that. We wish advocate Ngcuka well in his future endeavours.”
“The NNP believes that the National Prosecuting Authority plays a vital role in the fight against crime.”
The NNP said it trusted Ngcuka’s post would be filled “without delay so as to ensure continued stability in the NPA and ensure that the NPA continues the excellent work it is doing in building a safe and crime-free society.” – I-Net Bridge