Better if NDPP appointed by JSC - Kgalema Motlanthe
CAPE TOWN (Sapa) - President Kgalema Motlanthe on Sunday conceded that the current practice where the head of the National Director of Public Prosecutions is exclusively appointed by the president, is flawed.
Briefing the media at Tynhuys in Cape Town, Motlanthe said the appointment process could be more credible if it was carried out by an independent body such as the Judicial Service Commission (JSC).
"I think it would be better if the appointment of the National Director of Public Prosecutions were to be done by a body such as the JSC," he said.
The public would view the process as more credible if an organisation such as the JSC were to shortlist candidates and submit a list to the president for appointment.
Under the current National Prosecutions Authority Act, Motlanthe could appoint a person of his choice to replace suspended National
Prosecuting Authority head Vusi Pikoli.
"These are some of the weaknesses in the Act that really deserve correction," Motlanthe said.
In the briefing Motlanthe did not rule out the possibility of government bailing out companies facing bankruptcy because of the current global financial crisis.
He said while the government did not have a special fund to bail out companies, it could be compelled to intervene if the crisis reached a point where companies where facing closure.
"We do not have a special fund for giving to companies, the primary area is to save jobs.
"We would look at all options because if companies go under there [are] no jobs to save," he said.
It was difficult to spell out the extent to which the government would intervene as the full impact of the crisis had not yet been established, he said.
"This meltdown is an unknown quantity -- we have not touched the ground yet -- it's very difficult to say it's a depression or a recession," he said.
Government had set up a task team to investigate the crisis and advise the State on the best possible way to respond.
Speaking on the Zimbabwe situation Motlanthe stated that Robert Mugabe and Morgan Tsvangirai appear to be "getting along" as the dawn of their new unity government nears.
"They seem to be getting along fairly well," Motlanthe said of the two Zimbabwe leaders, who are preparing to formally share power under a regional-brokered deal after years of feuding.
"We are optimistic that they can at least manage a transition period until they are ready to hold fresh elections," Motlanthe said.
Tsvangirai is set to be sworn in as prime minister on Wednesday under a power-sharing deal South Africa mediated between the opposition leader and Mugabe in September.
The pact aims to end almost a year of intense political turmoil following disputed March 2008 elections, in which Tsvangirai's party seized a parliamentary majority in the first round.
"Whether they like it or not, or whether they like each other or not, they are bound to work together if anything is to be passed by that assembly and if the country iself is to pull itself out of poverty and disintegration of its infrastructure," said Motlanthe.
Political analysts have said they doubt a union government will work, citing a deeply-rooted lack of confidence between the two men.
Mugabe has frequently referred to his adversary as a Western "lackey" or "puppet," while Tsvangirai has accused Mugabe, in power since 1980, of human rights violations.
Motlanthe also said that the Competition Amendment Bill sent back to Parliament for reconsideration will be referred to the Constitutional Court if it is found that MPs had failed to address constitutional concerns raised by the highest office in the land.
Motlanthe said he would not enact the bill if he were to find that Parliament had re-sent it back to him without making any changes to what the President said were "areas of concern".
"The ascent for any bill must be done when the President has no reservations.
"If Parliament has sent it back as is ... my next step would be to refer it to the Constitutional Court," he said.
The measure, intended to strengthen existing provisions of the Competition Act in fighting collusion and cartels, also calls for the criminal prosecution of individuals found guilty of causing a firm to engage in price-fixing, output restriction, market allocation and collusive tendering.
It was the criminal prosecution aspect of the measure that is said to have caused Motlanthe to return it to Parliament.
The National Assembly's Trade and Industry committee dealing with the measure had looked at Motlanthe's concerns but concluded that no changes were required.
The President had also sent the controversial Films and Publications Amendment Bill back to Parliament.emoved and stolen during Nov 08.
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