Johannesburg - New prosecutions boss Shaun Abrahams is faced with the huge task of restoring the credibility of the National Prosecuting Authority (NPA), including taking a decision to reopen corruption charges against President Jacob Zuma, who appointed him.
This is according to political analyst Somadoda Fikeni, who said it would be tricky for Abrahams to prevail over Deputy National Director of Public Prosecutions Nomgcobo Jiba, who is “very influential”.
Abrahams, who was appointed as the new national director of public prosecutions (NDPP) this week, has been described as a career prosecutor who has been working for the NPA for the past 17 years.
“Managing (Jiba) might not be as easy as the textbook prescribes. He used to report to Jiba and now she has to report to him. This is going to make managing the entity very tricky and difficult,” Fikeni said.
He said there were several high-profile cases Abrahams would have to deal with, including the application by the General Council of the Bar (GCB) to have Jiba, specialised commercial crimes unit head Lawrence Mrwebi and Sibongile Mzinyathi struck off the roll.
Mrwebi was accused of withdrawing corruption charges against suspended Crime Intelligence boss Richard Mdluli, even though there was a strong case against him. Jiba is also facing charges of perjury and fraud in connection with the way she handled the charges against suspended KwaZulu-Natal Hawks boss Johan Booysen.
Fikeni said a challenge was that the NPA was “highly politicised”.
The Institute for Security Studies’ Anton du Plessis agreed: “Shaun has to be as transparent as possible in whatever decision he takes. His first (and) biggest test as the NPA boss is whether he will be able to move forward with the cases against Jiba, Mrwebi and Mzinyathi.”
He said Abrahams needed to demonstrate independence and integrity, and look at the merit of the cases against the trio.
He warned that Abrahams would have to stay loyal to the people and “take us into his confidence”.
“I know he can’t tell us everything, but he must communicate regularly. South Africans are so angry at what has happened in the NPA over the years.”
Fikeni said it would be a challenge to last the full term.
Several NPA senior officials welcomed the appointment.
“This a perfect appointment. Shaun is an independent and mature prosecutor who also has a very sharp mind. Most people in the NPA have welcomed his appointment,” said a source who wanted to remain anonymous.
He added: “Shaun doesn’t have any skeletons in the cupboard. Most importantly, he has a top security clearance. He is one of the top prosecutors and has dealt with very sensitive cases.”
Du Plessis added:
“He is a career prosecutor. What’s important in my view is that he is truly committed to the rule of law and very passionate about being a prosecutor.”
He, however, pointed out that Abrahams had a huge task ahead to rebuild a broken institution.
The NPA was a fundamentally important organisation and it was imperative to rebuild its credibility, he said. Over the years the NPA had been a most credible organisation but that was slowly chipped away because of “political meddling”.
Du Plessis added that Abrahams had demonstrated his leadership ability by involving himself in the training of junior prosecutors in this country and on the continent.
He said the biggest test was whether he would able to demonstrate independence and credibility.
Constitutional law expert Shadrack Gutto said this appointment was long overdue as the previous NPA boss, Mxolisi Nxasana, had been surrounded by controversy and was recently paid out.
Gutto said the country needed an NDPP who would prosecute without fear or favour and “without political interference”.
Gutto said he hoped Zuma had learnt from the past and made sure he had appointed a person who was fit and proper to hold office. He said though Abrahams was highly qualified he hoped he was a credible person. “I hope there won’t be any skeletons coming out of the closet.”
Like Du Plessis, he said the NPA was an important institution and “requires a person who can truly demonstrate independent efficiency in the way he handles cases”.
Gutto said the success rate in terms of convictions in the NPA was “rather weak”. He said the challenge for Abrahams would be to demonstrate leadership.
Announcing the appointment, Zuma said: “Advocate Abrahams has 17 years of experience in the prosecution service… he has accumulated vast experience and has gained impeccable technical expertise. I am confident he will be able to enhance the efficiency of the NPA. I wish him well in this critical responsibility.”
The NPA has been plunged into turmoil for many years. Its previous bosses never finished their 10-year terms as they were surrounded by controversy.
Bulelani Ngcuka resigned in 2004 amid fallout over his comment that there was a prima facie corruption case against Zuma but he would not be charged as there was no prospect of succeeding in the prosecution.
Ngcuka’s successor, Vusi Pikoli, who lasted two years, was suspended by then-president Thabo Mbeki after he brought fraud charges against Jackie Selebi, then national police commissioner.
After a protracted battle and a commission of inquiry into his fitness for office, led by former speaker Frene Ginwala, which found that he should be reinstated, Pikoli walked away in 2009 following an out-of-court settlement.
Acting as NDPP from 2007 until late 2009 was Mokotedi Mpshe, who announced that about 780 corruption, fraud and racketeering charges against Zuma would be dropped on the eve of the 2009 elections.
That decision has since been the subject of a court battle with the DA.
In 2009, Menzi Simelane was appointed prosecutions boss but the Supreme Court of Appeal, in a judgment upheld by the Constitutional Court, found his appointment irrational and thus invalid.
In December 2011, Jiba was appointed acting prosecutions boss until Mxolisi Nxasana’s appointment in August 2013.
Just 10 months in office, skeletons from Nxasana’s past came tumbling from the cupboard. It emerged he had been refused a security clearance because he failed to disclose his previous brushes with the law.
Nxasana was convicted twice for assault and charged with murder but acquitted on grounds of self-defence. Last month, Nxasana resigned after Zuma cancelled a commission of inquiry into his fitness to hold office.
Abrahams holds a B Iuris, B Proc and LLB from the former University of Natal.
The Sunday Independent