NPA appointment: Why not Willie?

Deputy National Director of Public Prosecutions (DNDPP) Willie Hofmeyr would have been the obvious choice from among the DNDPPs for an acting appointment while Adv. Menzi Simelane goes on special leave pending the Constitutional Court's confirmation of the Supreme Court of Appeal's (SCA's) judgement in the Democratic Alliance's challenge to his appointment.

This would have signalled the President's readiness to restore public confidence in the National Prosecuting Authority, and boost morale within this body. Instead, his choice of Adv. Nomgcobo Jiba signals that he still seeks an appointment which, from his point of view, seems safe. He does not appear to have taken to heart the SCA's ruling that fitness and propriety can and must be measured objectively. 

There are unresolved questions around Adv. Jiba which raise concerns about her appointment. The very fact that she was appointed to take Adv. Willem Heath's place at the Special Investigating Unit (SIU) and then recalled after a week simply adds to this unsatisfactory situation.

By contrast, Willie Hofmeyr's track record at both the Asset Forfeiture Unit and the SIU speak for themselves, and his public profile makes him an appropriate choice at a time when South Africans needs to be reassured that prosecution will be free of any political considerations, and conducted fearlessly and without favour.

Statement issued by Dene Smuts MP, DA Shadow Minister of Justice and Constitutional Development, December 29 2011

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