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The resignation of Adv Mokotedi Mpshe from the National Prosecuting Authority (NPA) announced today by minister Jeff Radebe, is no doubt aimed at avoiding a legal challenge of his appointment as acting judge by Freedom Under Law, the General Council of the Bar and other members of the legal community. But the announcement does not satisfy the Democratic Alliance (DA) any more than it will satisfy that community. Conflicting statements made by the ministry and NPA officials to reporters create the impression that the "resignation" is more apparent than real.

NPA officials advised reporters that Mpshe's absence was temporary and that he was expected back at the Prosecuting Authority in July before referring reporters back to the Ministry to resolve the confusion which clearly exists.

All the DA's objections to this acting appointment stand. Since when do we appoint judges from the ranks of persons facing charges, complaints or legal action? The DA's application for review of Adv Mpshe's decision as acting National Director of Public prosecutions to drop the prosecution of President Jacob Zuma on charges of fraud, corruption, racketeering and money laundering is before the court. We do not believe he acted without fear of favour in that case and therefore have to ask how he could bring the impartiality required of a judge to the bench. The unhappy business of the alleged plagiarisation of a Hong Kong judgment, for the purposes of the abandonment of the Zuma prosecution, only compounds the problem.

Our parliamentary questions to the Justice Minister Radebe also stand. We will be adding more: in addition to the question whether the Minister shamelessly did the rounds of the provincial divisions in search of a senior judge who would take Adv Mpshe for an acting appointment to reward him for dropping the Presidential prosecution and to compensate him for the appointment of Adv Menzi Simelane as NDPP, we would like to know whether he was appointed for twice the longest normal period applicable to acting appointments, viz. six months. If so why? And what comes after?