Stay Out, Bridgette! Says IFP

17 December 2007

The Inkatha Freedom Party is concerned that the independence of the National Prosecuting Authority is being threatened by the Minister of Justice being consulted before a decision is made known on whether or not to prosecute the National Police Commissioner Jackie Selebi.

In terms of the Constitution and in line with the principle of separation of powers, the Executive has no right to interfere in the decision making process of the National Director, whose independence is protected by the Constitution.

The fact that the Minister is being consulted before a decision is made known raises the perception that she may interfere in the National Director's decision on whether or not to prosecute Mr Selebi, which is detrimental to the independence of the Judiciary.

The Director himself should protect the independence of his High Office by acting independently and not to create the perception that he takes orders from the Executive.

There have been numerous rumours of interference by the Executive in the Judiciary and especially in the affairs of the National Prosecuting Authority, of which the suspension of Mr Pikoli is an example.

In the interest of the Judiciary, the IFP calls on the Minister of Justice to stay out of the decision making function of the Prosecuting Authority and also calls on the National Director not to create the perception that he takes orders from the Executive.

FOR MORE INFORMATION:
Mr Koos van der Merwe MP: 082 444 4944
Liezl van der Merwe: 083 611 7470