JZ weighs up NPA decision
Tue, 24 Nov 2009 12:00
President Jacob Zuma is expected to move fast to appoint a new
national prosecutions chief and to pick somebody not associated
either with his inner court or his long battle with the law,
analysts said on Tuesday.
Centre for Policy Studies senior researcher Aubrey Matshiqi said
Zuma is likely to make "a strong choice" in a bid to send a
reassuring message about the rule of law.
"The thing you must remember about Zuma is that he's responding
to scepticism on the part of some about his ability to govern a
modern state and a modern economy.
"There is an aspect that is not about the party but about him
and his legacy. He will want to send a very strategic message about
the rule of law and the independence of the judiciary."
Matshiqi said he had "no idea" who would prove an ideal
candidate for job, which will include the considerable task of
restoring the integrity of the NPA after its questionable handling
of Zuma's corruption case.
Choice already made?
He said it was likely Zuma had already decided who he wants to
succeed Vusi Pikoli by the time he reached a R7.5-million out of
court settlement with the axed prosecutions chief at the weekend,
ending his court bid to be reinstated.
"Pragmatically, he (Zuma) needed to pave the way to appoint a
new NPA head. Also it would suggest that he has already made up his
mind."
Professor Adam Habib, deputy vice chancellor of the University
of Johannesburg, also expected Zuma to move at some speed, partly
to lend impetus to his anti-corruption drive.
He said the president was hardly spoilt for choice when it came
to finding somebody that had both a lot of "public relations and
political nous" and the right legal background to put the NPA on a
strong footing. He said in his first year as president, Zuma has
displayed two tendencies when filling high level posts.
With posts in the police, defence and intelligence he has
appointed people from his inner circle ? like national police
commissioner Bheki Cele and Secret Service boss Mo Schaik.
But on the economy he has sought to strive a balance with
appointments that appeal to multiple interest groups, such as new
Reserve Bank governor Gill Marcus.
"The question is what strategy is he going to follow with the
NPA."
Three rumoured candidates
Habib said the three rumoured potential candidates all carried
the risk of being seen as too close to Zuma or linked to his
corruption case, which was withdrawn on the eve of the April
elections.
"Ngoako Ramatlhodi (the chairman of Parliament's portfolio
committee on justice and a member of the Judicial Services Council)
is an inner circle man."
A second name which has been bandied about for months is that of
Muzi Mkhize, a member of Zuma's legal team, which "would raise
questions".
Both Matshiqi and Habib thought another rumoured candidate,
deputy NPA director and head of its Asset Forfeiture Unit, Willie
Hofmeyr, had the experience to do the job, but may be overlooked
because of his high-profile role in the resolution of the Zuma
case.
"He will want to avoid appointing somebody tarnished by the
shenanigans around his corruption matter. I'm not suggesting Willie
Hofmeyr was involved in shenanigans, but he will want somebody who
has a distance between himself or herself and the matter."
Said Habib: "He is seen as having sided with Zuma in that
conflict."
The DA's view
Democratic Alliance spokesperson on justice Dene Smuts said she
believed "one could do worse than Willie", but worried about the
implications of appointing a man seen to have masterminded the
negotiations between the NPA and Zuma that got him off the hook.
Smuts said she hoped the strong denial from the ANC that party
leaders were consulted about what it meant to be a purely executive
appointment was true.
ANC spokesperson Jackson Mthembu rejected reports that Zuma raised
the matter with party top brass at Luthuli house on Monday "with
contempt".
Analysts said they were not surprised that Pikoli's
uncompromising battle to clear his reputation and be reinstated
ended in a settlement, as it was hard for individuals to take on
the state with its limitless resources in long-running court
battles.
The instructing attorney in the case, Aslam Moosajee from Deneys
Reitz, pointed out that though the state paid Pikoli's legal fees
he remained at risk of costs. This meant if he lost a case that
would likely have gone as far as the Constitutional Court, he would
have to pay back every cent.