Early Breakfast withAbongile Nzelenzele

President Cyril Ramaphosa is expected to announce the acting National Director of Public Prosecutions (NDPP) on Tuesday.

On Monday, The Constitutional Court, found former prosecutions boss Mxolisi Nxasana's settlement and NPA head Shaun Abrahams' subsequent appointment were constitutionally invalid.

The apex court has ordered Ramaphosa to appoint a new NDPP within 90 days.

READ: Abrahams judgement has potentially profound political implications - Analyst

ALSO READ: 'Dismantling, one brick at a time, the 10-year project of State Capture'

According to section 121 of the NPA act only deputy NDPPs can be appointed to act as NDPP. At the moment the four deputy heads are Dr Silas Ramaite, Advocate Nomgcobo Jiba, Advocate Nomvula Mokhatla and Willie Hofmeyr.

Presidency spokesperson Khusela Diko explains the process of appointing a new head.

The President is still studying the judgement however he is on record as having said he would want as soon as possible to bring credibility, integrity and stability back to the National Prosecuting Authority. So he is expected to consult with Minister Masutha with the intention of appointing an acting National Director of Public Prosecutions.

— Khusela Diko, Presidency Spokesperson

That particular acting NDPP has to be the person with the necessary legal qualifications that allow them to practice in any court in the republic but they must also be fit and proper person whose consciousness and integrity is above reproach.

— Khusela Diko, Presidency Spokesperson

Asked if Jiba will be considered for the position despite a possible suspension pending a disciplinary inquiry, Diko says Jiba has not yet been declared unfit to hold her current role.

You will remember that when the president sent the correspondence indicating his intentions to institute an inquiry into the fitness of office... he indicated that based on the report that has come from the curt , he would want to bring the matter to finality and issue of integrity to be tested and a conclusion reached. At this particular point, advocate Jiba has not yer been declared as a person who is not fit and proper...

— Khusela Diko, Presidency Spokesperson

It is the intention of the president to announce tomorrow but as you know, he has to undertake that consultation with the minister.

— Khusela Diko, Presidency Spokesperson

Click on the link below to listen to the full interview....

This article first appeared on 702 : Who will be elected acting NDPP now that Abrahams is out?