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The ANC has welcomed the appointment of Dr Silas Ramaite as the acting National Director of Public Prosecutions and congratulated President Cyril Ramaphosa on the “prompt appointment”.
“This prompt and resolute action will go some way in ensuring that the nation regains confidence in this institution that is extremely critical to the integrity, stability and effectiveness of the criminal justice system,” said the party.
Ramaite replaces Advocate Shaun Abrahams following the Constitutional Court declaring that the removal of former head of the National Prosecuting Authority (NPA) Mxolisi Nxasana and the subsequent appointment of Abrahams was constitutionally invalid.
In 2015 Nxasana was relieved from office by former president Jacob Zuma and given R17.3 million to vacate it. This decision was challenged twice in the courts, once by non-profit organisations Corruption Watch and Freedom Under Law, and again by Council for the Advancement of the South African Constitution.
Prior to this appointment, Ramaite served as the NPA’s deputy national director responsible for administration and office for witness protection.
Ramaphosa announced that while he is “studying the judgment” he is appointing Ramaite as acting head and will appoint a permanent director of public prosecutions within 90 days as ordered by the Constitutional Court.
The president received pressure to immediately appoint a new national director of public prosecutions.
The appointment on Tuesday was not met with a favourable response from the Democratic Alliance, which maintained that Ramaphosa should appoint a replacement with the participation of Parliament.
'Friends of Zuma'
“Ramaite has in the past defended the decision of former national director of public prosecutions Bulelani Ngcuka to not institute corruption charges against former President Jacob Zuma in the infamous Spy Tapes saga,” said DA shadow minister of justice and constitutional development, Glynnis Breytenbach.
“He even went so far as to acknowledge his own co-responsibility on the issue, stating in 2004 that ‘We had made the decision as a collective in the NPA and we stand by it’ and that ‘it was not as if Bulelani sat there in the office and took decisions alone’.
“He has sat idly by while successive national directors of public prosecutions and acting national directors of public prosecutions – including Mokotedi Mpshe, Menzi Simelane, Nomgcobo Jiba and Abrahams – systematically destroyed the fabric of the National Prosecuting Authority and South Africa’s criminal justice system. His track record proves that, at best, he is weak, vacillating and pliable.
“President Ramaphosa must urgently appoint a new permanent national director of public prosecutions, and it is our belief that he should involve Parliament in the selection process.
Dr Ramaite is the NPA deputy national director responsible for administration and the office for witness protection. He has served as deputy director for 15 years.
He holds the degrees B.Proc (University of Fort Hare), LLB, LLM (specialising in criminal law, constitutional law, administrative law and public international law) and LLD, specialising in constitutional law (University of South Africa). He was admitted as an advocate of the Supreme Court in 1988 and was granted the status of senior counsel in 2001.
“President Ramaphosa has wished Dr Ramaite well in his new role and expressed his belief that this week’s court judgment has set the NPA on a path that will restore the integrity of the Authority and build the nation’s confidence in the criminal justice system,” the Presidency said.
