Justice and Constitutional Development and NPA refutes claims of hostile working relationship

The Department of Justice and Constitutional Development and National Prosecuting Authority (NPA) have noted with concern some recent media articles, in particular, an article published on 22 September 2024 in the City Press newspaper which attempts to create a false impression of a hostile working relationship between the Department and NPA.

The article contains numerous factually and legally incorrect statements that we reject out of hand.

As a case in point, the National Director of Public Prosecutions (NDPP) has never sought an extension of her contract or term of office beyond the age stipulated in law. This is in line with the judgment of the Constitutional Court in Corruption Watch NPC and Others vs President of the RSA and others which confirmed that the provisions of section 12 (4) of the NPA Act, which provided for the extension of the term of office for the NDPP, were unconstitutional and invalid (CCT 333/17 and CCT 13/18). It would therefore be legally impermissible for the NDPP to seek an extension of her term of office against this judgment. The NDPP has never had this conversation with either the Minister of Justice and Constitutional Development or the President of the Republic about this matter.

The Department and the NPA have a constructive working relationship facilitated by several governance arrangements between them, which include participation by the NPA in the Executive Committee meetings held by the Department, and regular meetings between the Honourable Minister, in discharging her constitutional responsibilities, and the NDPP.

The NPA will also not comment further on the appointment of Section 38 counsel in terms of the NPA Act. This is a well-established and essential practice that the NPA has implemented for several years, with the full support of the Department and its respective Ministers. Refer to the NPA's formal statement on this matter for more information. The NPA was totally transparent on the appointment of advocates Pretorius SC and Chaskalson SC.

We caution against misinformation campaigns and fake news at a time when the government is trying to enhance the rule of law by providing the necessary support to the NPA and other law enforcement agencies.

Enquiries:
Adv Mthunzi Mhaga
NPA Spokesperson

Mr Tsekiso Machike
Justice Ministry Spokesperson