13 August 2018

BUSA welcomes ConCourt judgment on NPA head, calls on President Ramaphosa to be circumspect and transparent in appointing a new NDPP

Business Unity South Africa (BUSA) welcomes today’s landmark Constitutional Court judgment that provides clarity on a long-standing issue around the exit of Mxolisi Nxasana and the subsequent appointment of Shaun Abrahams.

An effective NPA is crucial for the functioning of our democracy. This judgment affords President Cyril Ramaphosa an opportunity to correct the  procedurally flawed appointments to an important institution that safeguards our constitutional democracy.

BUSA believes that a public and transparent process should be undertaken when appointing the new NDPP to foster and regain confidence in the institution.  For the process to stand up to scrutiny, it should go through Parliament, as is the case with the appointments of the heads of Chapter Nine institutions.

The BUSA Board last week partnered with the GCIS to undertake an anti-corruption and integrity pledge as these principles underpin the organisation’s ethos of conducting business in an ethical manner. The transparency and credibility of due legal process are a necessary precondition of creating a conducive environment for business to operate, which enable business to achieve its objective of inclusive growth, while also ensuring an optimal investment environment. S&P Global Ratings, Moody’s Investors Service and Fitch Ratings have consistently cited the strength, independence and stability of South Africa’s institutions as a credit positive for the country’s sovereign credit rating.

“This is an opportunity to open a new chapter. President Ramaphosa is aware of the importance of restoring credibility to the criminal justice system and can make a significant impact by ensuring the appointment of a respected, competent and independent head of the NPA,” said BUSA president Sipho Pityana.

“This is a momentous judgment that provides clarity and will, hopefully, bring certainty to the NPA. The efficacy of the NPA is crucial against the backdrop of the upcoming Zondo Commission of Inquiry and the proceedings that have already been instituted against those accused of having had a hand in state capture,” said BUSA CEO Tanya Cohen.