It is problematic that the country’s president appoints the national director of public prosecution, suspended National Prosecuting Authority (NPA) boss Vusi Pikoli said on Wednesday.
Delivering a lecture at the University of Cape Town, Pikoli said there is a need for the power to appoint the head of the NPA to be moved away from the executive, in order to eliminate any doubts over the appointee’s independence.
”That will guarantee the full independence of prosecutors,” he said.
Since prosecutors have a duty to prosecute all forms of corruption, including where senior politicians could be involved, there is a need for them to be appointed in a transparent manner.
Pikoli suggested the method currently being used to appoint judges as the most appropriate for this purpose.
”It would be better if we had a transparent process so that the public may have confidence in the person holding the office,” he said.
He denied allegations that former president Thabo Mbeki exerted pressure on the NPA to charge African National Congress (ANC) president Jacob Zuma.
”When prosecutors institute criminal proceedings against individuals, they do so on behalf of the state, not the executive,” he said.
Though Mbeki during his tenure as the country’s president had oversight over the NPA through the justice minister, it was more of an administrative oversight.
”It does not mean [the justice minister] has the right to stop the NPA from taking decisions,” Pikoli said.
On the ANC’s decision to dissolve the Scorpions, Pikoli said it is unfortunate that a highly effective crime-fighting unit is being dissolved.
”If I had my way, I would have retained them,” he said. — Sapa