Parliament should appoint NPA head - expert

Parliament should appoint NPA head - expert

Parliament is set to initiate the process of amending the National Prosecuting Authority Act.

shaun abrahams

This comes after the Constitutional Court ruled that the appoint of Shaun Abrahams' as head of the National Prosecuting Authority (NPA) to be unconstitutional and unlawful. 

 

Parliament's Moloto Mothapo says the ruling by Justice Mbuyiseli Madlanga will strengthen the quality of the National Prosecuting Authority Act.

 

"And ensuring that the laws that we make are firmly in line with the Constitution of the Republic," says Mothapo. 

 

President Cyril Ramaphosa has been ordered by the court to appoint a new National Director of Public Prosecutions (NDPP) within 90 days.

 

However, a number of political party's and commentators have called that the power of appointing an NDPP should lay in the hands of Parliament rather than the president. 

 

Criminal defence lawyer Ulrich Roux says there are a lot of questions surrounding the president's power to appoint the head of public prosecutions. 

 

"Because as we saw with Jacob Zuma tenure as president, he himself was accused of numerous crimes. How can you possibly have the president of the country appoint a person who needs to prosecute him personally?"

 

He suggests that the head of the NPA should be appointed by a committee or by Parliament. 

 

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