Govt won't amend NPA law - Zuma

Johannesburg - Government does not intend amending the Constitution in regards to how the National Prosecuting Authority (NPA) head is appointed, President Jacob Zuma said on Monday.

"My government and I believe that the existing constitutional and legislative provisions for the appointment of the National Director of Public Prosecutions are adequate," he said in a written reply to a parliamentary question.

According to section 179(1)(a) of the Constitution, the NDPP is appointed by the president.

Zuma was responding to a question by Congress of the People MP Deidre Carter. She asked the president whether, in order to avoid further damage to the NPA's credibility and standing, government intended proposing amendments to the Constitution to allow for a more public, thorough, and transparent method of selecting the NDPP.

In his response, Zuma said that according to section 179(6) of the Constitution the justice minister had to have final responsibility over the NPA.

"Section 179(7) of the Constitution, 1996, also provides that all other matters concerning the prosecuting authority must be determined by national legislation," he said.

There is controversy surrounding the appointment of the current NDPP Mxolisi Nxasana. This was after reports that Nxasana had apparently not been given a security clearance because of past brushes with the law.

This included being tried for murder about 30 years ago. He was acquitted based on his version of self-defence.

Earlier this month, Zuma notified Nxasana that he was considering suspending him pending an inquiry into his fitness to hold office.

Nxasana filed an urgent application in the North Gauteng High Court in Pretoria seeking an interdict to stop Zuma from suspending him before he had been provided with full details of the allegations and given a chance to make further representations.

Judge Joseph Raulinga postponed his application indefinitely.

Zuma and Nxasana met on Friday to discuss the issue. It was not clear what had been discussed.

Akhenaten 2014-08-19 05:30:52 AM
Easy enough for the president to decide whom to appoint. If he has had previous brushes with the law, appoint him. He can be used well.
Motleleng Kgosi Rakgantsho 2014-08-19 05:38:15 AM
Nkandla Prosecuting Authority (NPA)
Byron Hull 2014-08-19 06:22:17 AM
You really asking a stupid question
Frank Jordaan 2014-08-19 07:17:31 AM
It is obvious that Zuma prefers the status quo because he can continue to appoint his incompetent puppets who will protect him at any cost!!!!
Umesh O J Mahadeo 2014-08-19 07:34:49 AM
Lol so they can get away with murder as usual
Glenn Owen Watkins 2014-08-19 07:40:23 AM
The NPA should be an independant self governing body that serves the interest of the country, any constitutional ammendments should be scrutinised and approved by them for complete transparency and to ensure fairness and equality for all. The current system allows for illiterates like Julias Malema to appoint learned and experienced Judges, somehow that just seems out of balance....
Jeremy Marshall 2014-08-19 07:42:58 AM
Yea right, and we believe him, why?
Nin Ja Kitty 2014-08-19 07:49:13 AM
Well that speaks volumes now, doesn't it? Elected by the President, well that is no recommendation. Standard issue criminal.
Glenn Owen Watkins 2014-08-19 07:52:34 AM
Gerrie Nel should be appointed head of NPA and given a team of forensic auditors for the sole purpose of uncovering, exposing and prosecuting the fraud and corruption within the current government...
Tauriq Hercules 2014-08-19 07:56:03 AM
Why the hell would he amend it- Its currently in his favor!