Advocate Hoffman calls for institutional reform, warning that the current framework undermines the independence of key institutions like the NPA, while proposing an independent, specialized body to combat serious corruption. Accountability Now Director Advocate Paul Hoffman SC said that the concentration of power in the hands of the President, as outlined in theNational Prosecuting Authority(NPA) Act, undermines the independence of the National Director of Public Prosecutions (NDPP). He was responding to questions fromMK PartyMember of Parliament (MP) Sibonelo Nomvalo before thead hoc committeeon Tuesday.
Nomvalo had raised concerns regarding the suspension process of the NDPP, as stipulated in Section 12 of the NPA Act, which mandates that the President initiate the suspension process and make a recommendation to Parliament. According to Nomvalo, this provision leaves little room for Parliament to act when issues arise within the NDPP’s office, and he questioned whether such a framework eroded the independence of the NDPP. Hoffman agreed with Nomvalo’s assessment, saying, “It is correct to say that the independence of the National Prosecuting Authority, if it ever existed, is undermined by giving the President so much power in relation to the suspension and indeed to the appointment of the leader of the National Prosecuting Authority.” He further pointed to the over-concentration of power in the hands of the President, a point also made by Deputy Chief Justice Dikgang Moseneke, who has previously expressed concerns over how South Africa’s Constitution concentrates too much power in the executive.
Hoffman stressed that, historically, the framers of the Constitution may have assumed that future Presidents would be akin to Nelson Mandela in their moral integrity, but the reality has been that successors have not lived up to that expectation. This, he suggested, has led to a situation where too much power is vested in the executive, diminishing the independence of critical institutions like the NPA. When Nomvalo raised concerns about the influence of politics on the functioning of institutions like the NPA, Hoffman emphasised the importance of ensuring that existing institutions are not weakened or subjected to undue political influence. He agreed with Nomvalo’s view that the NPA’s challenges stem from political interference and a lack of competence, rather than deficiencies in the legislative framework itself.
