Johannesburg – President Jacob Zuma has an opportunity to appoint a new National Director of Public Prosecutions (NDPP) to restore the credibility of the National Prosecuting Authority, an expert said on Friday.

“The judgment by the Constitutional Court provides an opportunity to restore the credibility of the NPA by appointing someone who is non-political and non-partisan, a person that will not tolerate any improper conduct,” said law expert Pierre de Vos.

The Constitutional Court found on Friday that Zuma’s appointment of Menzi Simelane as NDPP was unconstitutional and invalid.

In a judgment read by Judge Zak Yacoob, the court found that the NDPP’s appointment was not a matter to be determined by the subjective opinion of Zuma, but a “jurisdictional prerequisite” determined objectively.

“The purpose of the conferral of the power to appoint the NDPP on the president was to ensure that the appointee was sufficiently conscientious and had the integrity required to be entrusted with the responsibilities of the office,” Yacoob said.

On May 8, the court heard an application by the Democratic Alliance to confirm a Supreme Court of Appeal ruling that the decision to employ Simelane was invalid.

He was appointed to the job in November 2009.

De Vos said questions were asked about on why Zuma was advised to appoint Simelane by Justice and Constitutional Development Minister Jeff Radebe, who ignored the evidence against him

“From the perspective of the presidency, it would be helpful if a reasonable answer is provided for the irrational decision that was taken,” said De Vos.

“If the president takes the considerations seriously, he might restore the NPA’s credibility and their functionality.”

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