Reports on appointment of Muzi Mkhize as NDPP highlight flawed nature of process

The Democratic Alliance (DA) notes reports that Muzi Wilfred Mkhize is a contender to succeed Vusi Pikoli as the National Director of Public Prosecutions (NDPP) with serious concern. Mr Mkhize, as a former advocate for Jacob Zuma, should under no circumstances be put in a position to decide whether or not his former client should be charged with the 783 counts of fraud, bribery and corruption that Zuma stands accused of committing. This puts him in such an unquestionable position of conflict of interest that his name should never have come up for consideration.

Mr Mkhize has already been found guilty by the KwaZulu-Natal Society of Advocates of being both player and referee in a legal matter when he chaired the disciplinary hearing of an employee of the Ubuhlebezwe Municipality and recommended his dismissal. It later emerged that Mr Mkhize had previously given the municipality legal advice on the matter. This infringement alone should render Mr Mkhize ineligible to be NDPP in terms of section 9 of the NPA Act which states that any person to be appointed as NDPP must be a "fit and proper person, with due regard to his or her experience, conscientiousness and integrity, to be entrusted with the responsibilities of the office concerned."

If Mr Mkhize is appointed it may well contravene the constitutional provision that the National Prosecuting Authority (NPA) must "exercise its functions without fear, favour and prejudice." 

It is increasingly apparent that the ANC - through the office of the President - has dismissed Vusi Pikoli on flimsy grounds to replace him with an NDPP who will be willing to make the case against Mr Zuma go away.

These reports expose the inherent flaw in the process of appointing the NDPP. The DA does not believe that the President should have the sole prerogative to appoint the NDPP, and we will submit draft legislation to curtail the President's powers in this regard at the earliest opportunity.

Statement issued by Len Joubert, MP, Democratic Alliance spokesperson on constitutional development, January 29 2009