NDPP appointment: Abrahams most likely another Zuma-Jiba acolyte

18 June 2015

The Democratic Alliance notes with concern that the President has appointed advocate Shaun Abrahams as National Director of Public Prosecutions.

This appointment has been made just 19 days after the departure of the last incumbent, Mxolisi Nxasana, who was paid to leave after serving one year of a ten-year contract.   Nxasana was appointed after a period of around two years without a permanent head, and then only when the President was left with no choice as a result of court action by the Council for the Advancement of the South African Constitution (CASAC).

Now, with almost indecent haste, a relatively junior member of the NPA is catapulted over the likes of seasoned Directors of Public Prosecutions, and more seriously, over the likes of Dr Silas Ramaite SC or Willie Hofmeyr, both Deputy National Directors for more than a decade who have acted in the position countless times.  

The haste of this particular appointment should naturally be questioned.  The President received a meticulous guideline on the rational process to be followed in such appointments in the Simelane judgement of the Constitutional Court.  It is difficult to imagine that the all-important requirement that the President should take into account all objective facts in making this appointment, was followed in an appointment made in such haste.

Upon a cursory enquiry, it becomes clear that Adv Abrahams is seen to be very close to Nomcgobo Jiba, the Deputy National Director of Public Prosecutions, who has disgraced herself and the NPA repeatedly.  The cosy relationship between Jiba and the President is no secret, and it appears that Abrahams was in fact Jiba’s choice.

While it is always a good thing to have a permanent, rather than an acting head at the NPA, we will have to wait and see what Adv Abrahams is made of.  There is currently a serious question mark over his ability to be independent.  He will soon have an opportunity to prove his mettle when the Spy Tapes matter comes to fruition.

If information is correct, however, he was specially flown to Cape Town to be interviewed by the President’s known advisors, at least one of whom was against the appointment.  Advocate Abrahams will find that his close links to Jiba do his stature and reputation no good, and we will have to wait and see how he deals with biting the hand that so obviously fed him.

Statement issued by Adv Glynnis Breytenbach MP, DA Shadow Minister of Justice, June 18 2015