President Jacob Zuma's view on the National Prosecuting Authority (NPA) demonstrates a lack of constitutional understanding, said Democratic Alliance (DA) leader Helen Zille on Monday.
"It is now clear that President Zuma has no understanding at all of the concept of the separation of powers that is central to any constitutional democracy," Zille said in a statement.
Zille was responding to comments Zuma made on Talk Radio 702 on Monday morning in which the present defended the appointment of former justice director-general Menzi Simelane as head of the NPA.
He said the organisation must report to the government because some of its decisions have "implications".
"The NPA reports to government; it's not a thing flying in the sky on its own -- unconnected -- and there are decisions ... that have implications and that's why we have a department [of justice]," said Zuma.
Simelane has came under fire after a commission of inquiry found he tried to interfere in the NPA's work.
He wrote a letter to the former chief prosecutor Vusi Pikoli instructing him not to proceed with the arrest and prosecution of ex-top cop Jackie Selebi.
The letter was signed by the then justice minister, Brigitte Mabandla.
The Pretoria Bar Council is currently considering a complaint against Simelane's appointment as new National Director of Public Prosecutions (NDPP), directly related to the finding by the Ginwala commission that he tried to interfere in the NPA's work.
"He [Zuma] believes that all independent institutions of the Constitution are extensions of the ANC-led government departments. This approach inevitably leads to failed states," said Zille.
"Zuma's contempt for our Constitution is the clearest possible warning that South Africa will follow the same course unless he is stopped.
"This is what happened in Zimbabwe," said Zille.
During the interview, Zuma -- who himself was once the subject of an NPA investigation -- defended Simelane's appointment, saying it was not negotiable that the NPA reported to the government.
"Between the NPA and the Justice Ministry, there's been a running debate. That debate was there between [ex chief prosecutor Bulelani] Ngcuka and Pikoli when Pikoli was DG ... who is in charge?
"That debate has been there all the time. It's not started with Menzi."
Pikoli was director-general of the Justice Department before he became chief prosecutor. But he was fired as chief prosecutor by ousted president Thabo Mbeki, in a move Pikoli has always said was related to the decision to charge Selebi with corruption.
Referring to the letter about Selebi's prosecution, Zuma said: "Menzi would not do a thing without the minister."
Opposition party leader Patricia de Lille phoned in during the radio interview, saying she agreed with Zuma on that and questioned why her year-old complaint against Mabandla had not been considered.
De Lille said her complaint would test whether it was a criminal offence to interfere with the NPA.
"I totally agree with you ... it is not correct ... for us not to respond. It's wrong. I'm hoping Simelane would apply his mind," replied Zuma.
"It is an important test case and we must look at it."
Zuma added that he himself would never interfere in the NPA.
"I will never do it... there will never be an example to quote [in the media]... There's a wrong system we need to fix which other people abused," he said. -- Sapa
