Newly-appointed Justice Minister Enver Surty on Friday vowed he would not "cross the line" and interfere with the duties of the NPA, provided it operated within the rule of law.
Speaking at a graduation ceremony of over 100 National Prosecuting Authority prosecutors, Surty said he was aware of the pressures they would face, but that they would always need to act impartially and with integrity. "Given that I am new in this portfolio, with judges fighting with judges, prosecutors fighting with prosecutors, and politicians accused of interfering with [judicial] processes; that is the kind of turbulence that is there." He had indicated to President Kgalema Motlanthe that he was really in the eye of the storm. "I didn't know that the storm was of such a nature until I visited the National Prosecuting Authority on Thursday [last week]," he said. Surty said he would not interfere with the NPA's decision to appeal Judge Chris Nicholson's ruling regarding ANC president Jacob Zuma's prosecution. He would also not meddle with former president Thabo Mbeki's application to the Constitutional Court regarding Nicholson' s finding that there might have been political interference in the same case. "I haven't told them, 'listen withdraw the appeal'." Surty said that judges, police officers and prosecutors would also face criticism but it was important that their integrity was not impugned. There is also legislation in place which recognises that judges could err in terms of how they practised their craft. "Learner judges could err in terms of how they interpret the law and how they apply the law. "Certainly an appeal or review does not impugn the integrity or the character of the judge but really reflects on an argument that the judge may have erred when coming to a conclusion," he said. Surty said he could not anticipate the outcome of the appeals before the court. "That is for the judiciary to decide." Surty also said it was concerning that there were so many acting positions in the NPA. "We can't have this going on the way it is." He said he had requested a report within a week outlining the vacancies, the reasons for them, how they had been vacant and why they had not been filled. "Whatever decision I take they must be informed, but certainly the practice of acting positions whether as teachers or as prosecutors is not tenable in a stable system that you're trying to achieve," he said. Acting National Director of Public Prosecutions Mokotedi Mpshe also addressed the graduates and said their integrity needed to be absolute. "Lead by example that you are law abiding, without exception," he said.Sapa