Justice committee must prioritise politicisation of the NPA in 5th Parliament
1 June 2014
Today's revelations in the Sunday Times that newly appointed National Director of Public Prosecutions (NDPP), Mxolisi Nxasana, is essentially being pushed out of the National Prosecuting Unit due to his refusal to play ‘Yes Man' is yet another indication of how severely compromised and politicised the NPA is (see M&G report here).
At the earliest available opportunity, the DA will push for the Justice Committee to prioritise dealing with the clear politicisation of the NPA as a matter of urgency. Parliament must now be seized with this issue and ensure that it is the first order of business.
The reality is that our National Prosecuting Authority is so deeply embedded in party politics that under President Jacob Zuma it has been embroiled in numerous damaging scandals. This ranges from the invalid appointment of President Zuma's henchman, Menzi Simelane, to the burial of the record of decision relating to the 700 odd charges of corruption against the President.
The latest attempt to push out the newly appointed NDPP can be viewed as another blemish on the reputation on our National Prosecuting Authority. The fear is that Mr Nxasana could do what is right and invigorate the illusive Spy Tapes saga that the Democratic Alliance has fought for in court for several years.
The claims made against Nxasana about having not received the necessary security clearance is simply a red-herring. The Department of State Security is notorious for its lengthy processes and the blame can hardly be placed on Nxasana when the delay is not his own doing.
Furthermore, it is perplexing that the issue of Nxasana's criminal record is only resurfacing now that there is a hit on his back. The question must be asked why this was never raised before and taken to task. It is hardly conceivable that an appointment of this importance was made without vigorous background checks being completed.
Last year, DA MP, Dene Smuts made proposals for new procedures in a Private Member's Bill, the Constitution 18th Amendment Bill. The ANC voted against it, but in the interest of rehabilitating our justice system's reputation, we will resubmit it as soon as the new Justice and Correctional Services portfolio committee is appointed.
Given this week's revelations, one can only conclude that those at the very top in our justice system are prepared to do just about anything to ensure that President Zuma is shielded from accountability. This wouldn't be the first time the President has manipulated the justice system and legal loopholes to shield himself from scrutiny.
Regardless, the DA will do everything in our power to restore credibility to our justice system.
Statement issued by Glynnis Breytenbach MP, DA Member of Parliament, June 1 2014
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