Ramaphosa backs Kubayi to lead search for next prosecutions boss

PRESIDENT Cyril Ramaphosa has defended the appointment of the Minister of Justice and Constitutional Affairs, Mmamoloko Kubayi, an ANC member, to chair the panel tasked with recommending the next National Director of Public Prosecutions (NDPP).

He was responding to Build One South Africa (Bosa) leader Mmusi Maimane who highlighted the ANC’s historical challenges and the ongoing investigations into the party.

Maimane referenced Ramaphosa's own admission at the Zondo Commission that the ANC stands as “accused number one” and the current Madlanga Commission’s investigation into the party. 

He then directly challenged the appointment: “Would it not be prudent that the person who chairs the panel that you set up be someone from the ANC, perhaps someone from the GNU partner, in order to avoid potential conflict of interest so that the person appointed is able to prosecute ANC leaders in the future should they be implicated?”

Ramaphosa dismissed the notion that political affiliation should be a determinant in such a critical appointment. 

“The appointment of key officials such as the NDPP has nothing to do with being party political. Has nothing to do with whether one is a member of the ANC or any other party,” he said.

He said the rationale behind his choice was supported by Kubayi’s professional standing and integrity. 

“The chairperson of the panel is the Minister of Justice and Constitutional Affairs. I gave quite a lot of thought to this and ended up deciding because the minister is the one who works with judges, prosecutors, magistrates, and all of them vouch for not only that position as neutral, but all of them vouch for the minister because of her integrity and her ability to do the work.”

Ramaphosa expressed his full confidence in Kubayi’s ability to lead the panel impartially. 

“That gave me confidence that I have a minister in Minister Kubayi, who will be able to work with the panel without being conflicted or dominating the panel.” 

He further assured Parliament that the appointed panellists were individuals of high integrity who would not be swayed or marginalised. 

“The panellists I've appointed are people of great integrity and great eminence, and they are not about to be marginalised or dominated or to be led into conflictual decisions. So whatever decision that will come out from the panel will be the decision of the panel. I'm sure about that.”

The questions from MK Party and Bosa were supplementary questions after the DA’s Glynis Breytenbach questioned the criteria used for appointing the panel, to which Ramaphosa explained that while the Constitution empowers the president to appoint the NDPP without specific criteria, he chose to constitute a panel for transparency and public confidence.

He detailed the diverse skills and experiences sought in panel members, including public service administration, financial management, legal and jurisprudence, and the administration of justice. He also highlighted the inclusion of representatives from Chapter 9 institutions and legal bodies, emphasising their independence and impartiality.

Cape Times