The President's replies to Parliamentary questions for written reply

Mr M S Seshoka (DA) to ask the President of the Republic:

Whether, as reported by the Presidency on 7 March 2014 that FIFA will investigate allegations of match fixing (details furnished), the investigation into the allegation of match fixing involving Bafana Bafana in the lead up to the 2010 Soccer World Cup tournament has been concluded by FIFA; if not, when will the investigation be concluded; if so, what (a) are the recommendations and (b) action will he take in this regard?

Reply:

The matter concerning the investigation of allegations of match-fixing involving Bafana Bafana in the warm up games leading to the 2010 FIFA World Cup is receiving the attention of FIFA. The South African Government will be advised of the findings and recommendations after the conclusion of the investigation.

Ms D Carter (Cope) to ask the President of the Republic:

Whether, in order not to further damage the credibility and standing of the National Prosecuting Authority (NPA), the Government intends to propose any amendments to the Constitution of the RSA, 1996, to allow for a more public, thorough and transparent method of selecting the head of the NPA; if not, why not; if so, what steps will he take to ensure that controversy will no longer surround whoever is appointed head of the NPA?

Reply:

No, the Government and I do not intend proposing any amendments to the Constitution of the Republic of South Africa, 1996, regarding the appointment of the National Director of Public Prosecutions.

My Government and I believe that the existing constitutional and legislative provisions for the appointment of the National Director of Public Prosecutions are adequate.

Section 179(1)(a) of the Constitution of the RSA, 1996, provides that there is a single national prosecuting authority in the Republic, structured in terms of an Act of Parliament, and consisting of a National Director of Public Prosecutions, who is the head of the prosecuting authority, and is appointed by the President, as head of the national executive.

Section 179(6) of the Constitution of the RSA also provides that the Cabinet member responsible for the administration of justice must exercise final responsibility over the prosecuting authority.

The Minister of Justice and Correctional Services therefore attends to any matters of concern relating to the National Prosecuting Authority.

Section 179(7) of the Constitution, 1996, also provides that all other matters concerning the prosecuting authority must be determined by national legislation.

Chapter 3 of the National Prosecuting Authority Act, 1998 (Act No 32 of 1998), provides for the appointment, remuneration and conditions of service of members of the Prosecuting Authority. In terms of section 12 of the NPA Act, 1998, the members of Parliament furthermore play an important role in determining the term of office, as well as passing resolutions on the removal, suspension and/or restoration to the office of the National Director of Public Prosecutions as well as the Deputy National Directors of Public Prosecutions.

Therefore, I do not intend recommending any amendments to the present Constitution, 1996 for this purpose as I regard the present provisions to be more than adequate.

Enquiries:
Mac Maharaj
Cell: 079 879 3203
E-mail: macmaharaj@icloud.com

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