The DA has put in motion a legal transparency process under the Promotion of Access to Information Act (PAIA), demanding that the Presidency release the report that informed President Cyril Ramaphosa’s decision to appoint the National Director of Public Prosecutions (NDPP).
The move follows the presidency’s confirmation that it will not voluntarily make public the advisory panel report used in the selection process, arguing that the document was intended solely to guide the president and that there is no obligation to disclose it.
In a recent media statement, DA justice and constitutional development spokesperson Glynnis Breytenbach said the party had formally submitted a PAIA application to the Presidency, placing Ramaphosa under statutory pressure to justify the continued secrecy.
DA cautiously welcomed the appointment
“The Democratic Alliance has submitted a Promotion of Access to Information Act application after President Cyril Ramaphosa refused to release the report used to inform his decision on the appointment of the National Director of Public Prosecutions,” Breytenbach said.
While the DA has cautiously welcomed the appointment of Andy Mothibi and expressed hope that it would bring stability to the National Prosecuting Authority, Breytenbach stressed that the manner in which it was handled remains deeply troubling.
“While the DA has cautiously welcomed the appointment of Advocate Andy Mothibi and expressed hope that it will stabilise and strengthen the National Prosecuting Authority, serious concerns remain about the deeply flawed appointment process and the President’s handling thereof,” she said.
According to the DA, the Presidency’s refusal to release the report undermines public confidence in a process that was already beset by delays and controversy.
Breytenbach asserted that the secrecy surrounding the report does not align with the constitutional significance of the NDPP’s office.
“This position undermines transparency in a process that was already marred by delays, an ill-equipped panel, and a failure to properly discharge its mandate,” she said.
Presidency has 30 days to respond
The DA argues that Ramaphosa cannot shield such a consequential decision from public scrutiny, particularly when the NDPP holds sweeping powers over prosecutions involving corruption, state capture, and serious crime.
“The president cannot exercise such sweeping constitutional powers behind a veil of secrecy,” Breytenbach said.
She added that the report is central to assessing whether the appointment process met constitutional standards.
“This report goes to the heart of whether the NDPP appointment process was lawful, rational, and fair. South Africans are entitled to see it,” she said.
The PAIA application now obliges the Presidency to respond within 30 days.
Should access be refused or the request ignored, the DA has indicated that further legal steps may follow, framing the matter as a test of transparency, accountability, and respect for constitutional governance.
