Question: Does a truly independent chief prosecutor meet with the president (and other cabinet members) of his country on the eve of summonsing a cabinet minister (not present) on charges of fraud and theft, holding the meeting at political party offices? Answer: No. The office of the National Director of Public Prosecutions is arguably the highest post in the public administration of SA; it is certainly at the pinnacle of the criminal justice administration, if it is assumed, as it should be, that the judiciary is not part of the public administration. This argument is based on the NDPP being the only public servant clothed with the power to make prosecution policy and is also because no other public servant is empowered to make policy on any matter. Usually policy is the task and responsibility of the relevant member of cabinet. In relation to the National Prosecuting Authority the position is somewhat different. The Minister of Justice only has what is called “final responsibili...
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