Media statement following meeting with NPA management

09 Jun 2014

The Constitution mandates the prosecuting authority to institute and conduct criminal proceedings on behalf of the State. It is a pillar upon which our criminal justice system rests. Our prosecutors must exercise their functions without fear, favour or prejudice. In doing so, management structures in the National Prosecuting Authority (NPA) must be structures of integrity which command respect.

The Constitution, in Section 179(6), provides that the Cabinet member responsible for the administration of justice must exercise final responsibility over the prosecuting authority. As the Minister of Justice and Correctional Services, it is necessary for me to address the current challenges in the NPA.

I met with the top leadership of the NPA today, firstly with a view to meet and greet the leadership. I also wanted to address the concerns that appear to have captured the media attention.

I am encouraged about the fact the NPA is a well performing institution, which has obtained a clean audit over the past year. I called upon officials to continue to work in the spirit of mutual trust and support to deliver on their constitutional mandate.

I am also encouraged by the commitment that was expressed at this meeting that all officials will work together in the spirit of cooperation and that they have committed to desist from making statements that seek to undermine the work of the NPA. However, if it is within their mandate or they are required to do so by law, they are permitted to do so.

I believe that we will not find a solution through a witch hunt. The spirit of cooperation will be communicated to all officials in the NPA by its leadership.

On the pending decision in the Presidency on how to proceed on the matter affecting the National Director of Public Prosecutions (NDPP), I called upon the top management of the NPA to await the decision of the Honourable President, and not to pre-empt or act in any manner that could undermine the outcome of that decision.

I also requested that once the decision is announced, that they respect and support the outcome thereof. Any dissatisfaction must be voiced and addressed through the officials channels that are available to all officials equally.

Statement issued by Department of Justice and Constitutional Development, June 9 2014

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