Concerns rise over appointments of former Zondo Commission leaders
The appointment of Advocate Paul Pretorius SC to strengthen the Investigating Directorate Against Corruption (IDAC) has ignited a wave of concern among political analysts and legal experts.
The National Prosecuting Authority (NPA) announced that Pretorius’s appointment will strengthen efforts to pursue cases arising from the Zondo Commission’s report into State Capture.
However, critics are raising alarms over the potential conflict of interest, given Pretorius’s previous role as an evidence leader during the commission’s inquiry into corruption at the highest levels of government.
A Troubling Pattern of Appointments
Adding to the controversy, Advocate Pule Seleka SC, former evidence leader and current Chair of the Legal Practice Council (LPC), was appointed chair of the LPC in November 2024, a move that has also been scrutinised.
Seleka played a pivotal role in the Zondo Commission, serving as a key evidence leader during the hearings into state corruption. This has led many to question whether such appointments could undermine public trust in the justice system.
Expert Opinions Sound the Alarm
Professor Sipho Seepe, a respected political analyst, expressed deep concern over the implications of such appointments.
“The NPA is supposed to conduct its affairs without fear, favour, and prejudice,” Seepe emphasiaed.
“Unfortunately, the NPA is now relying on evidence leaders from the Zondo Commission to prosecute State Capture cases. These individuals have already been entangled in the process, which raises serious questions about their impartiality.
“We should be asking: what motivates these individuals? Is it a genuine pursuit of justice, or personal interests? How do they reconcile their past roles with their current positions?”
He further warned that the involvement of these figures could undermine public confidence in the justice system.
“The Zondo Commission has already damaged trust. If the system is seen as biased or selective, ordinary South Africans will see through it. The abuse of state machinery for personal or political ends can only go so far before the public completely loses faith.”
Similarly, Zakhele Ndlovu, another political analyst, expressed skepticism about the efficacy of the appointments.
“We’ve seen the NPA’s leadership, especially under Shamila Batohi, struggle to deliver results. The appointment of former evidence leaders doesn’t inspire confidence—they are just individuals operating within an ineffective institutional framework.”
He also highlighted the political ramifications, noting that “if the NPA begins targeting certain individuals within the ANC or affiliated groups, it could be perceived as political persecution, especially given the history of the Zuma era. This risks further polarizing the nation and undermining the perceived independence of the judiciary.”
The Political Backdrop
The controversy comes amid ongoing debates about the fairness of the Zondo Commission’s focus.
Critics, including MK party Chief Whip Mzwanele Manyi, have argued that the commission appeared to target former President Jacob Zuma and his allies, fueling perceptions of political bias.
Zuma and his supporters have long claimed that investigations are politically motivated, complicating efforts to establish an impartial pursuit of justice.
NPA’s Response and the Way Forward
In a recent statement, NPA spokesperson Mthunzi Mhaga confirmed that negotiations are ongoing regarding the extension of Pretorius’s contract.
“IDAC is processing the appointment of Adv Paul Pretorius SC, and the process is at an advanced stage,” Mhaga stated.
While the NPA maintains that these appointments aim to strengthen the fight against corruption, critics remain unconvinced.
Analysts argue that such appointments could further erode trust in an already fragile justice system without transparent processes and safeguards.
thabo.makwakwa@inl.co.za
IOL Politics