South Africa: The Snake, the Sheep and the Sham That Is the NPA Today


This week, the unearthing of the confidential De Kock Report revealed the extent of the rot within the NPA. It coincided with the ANC's overdue call for the establishment of a 'multidisciplinary agency' of properly trained anti-corruption experts who are operationally and structurally independent and adequately resourced.

The National Prosecuting Authority is not an organisation to be trifled with or taken lightly. It has a section in the Constitution devoted entirely to its structure, operations and functioning. Its leader, the National Director of Public Prosecutions, is appointed by the President. She or he is the only public servant with policy-making powers; these powers are constitutionally conferred in respect of prosecution policy. The power to institute criminal proceedings on behalf of the state is reserved to the NPA and it is also empowered to "carry out any necessary functions incidental to instituting criminal proceedings".

Each of these duties must be done without fear, favour or prejudice, or, in a word, independently. As they are constitutional duties, they are required to be carried out diligently and without delay.

All of which brings us to the report in DM on Wednesday 5 August 2020 by Jacques Pauw in which he takes the...

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