Answer to Question #315772 in English for Nokubonga

Question

Trace the individuals who served as the NDPP since 1994 and their relationships with the various presidents at that time discuss the power of the offive of the NDPP in relation to neptosim corruption and state capture

Answer 1

The position of National Director of Public Prosecutions (NDPP) has emerged since 1998 as one of the most unstable positions in government. This can to a large degree t be ascribed to how appointments and dismissals are made. Instability at the top of the NPA and several acting NDPPs gives credence to claims of political interference. Not one NDPP has served the full term of ten years. Since 1998, when the National Prosecuting Authority (NPA) came into being, there have been five permanently appointed NDPP’s and three acting NDPPs. The longest serving NDPP was Bulelani Ngcuka who was in the position for 6 years, followed by Mokothedi Mpshe in an acting capacity at nearly three years and Vusi Pikoli for just more than two and half years. Mxolisi Nxasana exited at just less than two years after the President established an enquiry to assess his fitness to hold office but which never got off the ground. He later resigned after a deal was struck between the parties. Shaun Abrahams served from June 2015 to August 2018 and left after the Constitutional Court ruled that his appointment was irregular since the deal struck between then President Zuma and Nxasana was irregular. Following the charging and later withdrawal of charges against the Minister of Finance and two others in 2016, Abrahams was instructed by the President to furnish reasons why he should not be suspended. Following Abrahams’s departure, Silas Ramaite, a Deputy National Director of Public Prosecutions (who has previously acted as NDPP), was appointed as Acting NDPP. Further instability was created by the long periods that persons were appointed in an acting capacity, such as Mpshe and Jiba.

The National Director of Public Prosecutions (NDPP), as head of the prosecuting authority, and Directors of Public Prosecutions (DPPs), as heads of NPA offices within the various seats of the High Court, are responsible for ensuring compliance with the following constitutional obligation.

In terms of section 20(1) of the NPA Act, the power vests in the prosecuting authority, to- (a) institute and conduct criminal proceedings on behalf of the State; (b) carry out any necessary functions incidental to instituting and conducting such criminal proceedings; and (c) discontinue criminal proceedings. The NPA exercises these powers on behalf of the Republic. All prosecutors can carry out the above-mentioned functions