While it’s good to take time in making decisions as knee-jerk reactions in a crisis seldom bring lasting positive results, there is a difference between taking time and being constitutionally delinquent in failing to ensure the right people are in the right place at the right time.
Not only has President Cyril Ramaphosa taken forever and a day to make important appointments, he has also shuffled leaders, causing crises across institutions.
The latest example is Andy Mothibi being moved from the Special Investigating Unit to the National Prosecuting Authority (NPA), leaving another acting leader in the SIU and no indication when that situation will change.
With Mothibi having moved to the NPA, there is now an acting SIU boss, an acting COO and an acting head of investigations. This is crippling the SIU, a law enforcement agency at the forefront of fighting crime, as officials in acting roles rarely take important decisions.
One could argue that the capable Mothibi is being set up to fail as he takes over the role at an NPA that is experiencing a leadership gap and where the permanent posts for deputy national directors of public prosecutions are yet to be filled.
It is not clear why Ramaphosa has not filled the vacancy left by Rodney de Kock, who died in January 2025. De Kock was primarily responsible for leading the core prosecution work of the NPA’s largest unit, the National Prosecutions Service.
It was also widely known that the distinguished Ouma Rabaji-Rasethaba would be retiring as head of the asset forfeiture unit (AFU) in the NPA last September, but Ramaphosa failed to ensure there would be another permanently appointed AFU boss on her retirement. Another deputy NDPP, Anton du Plessis, gave Ramaphosa a four-month warning in August that he too would be leaving his position in December.
It is egregious that the president is yet to replace these deputies.
Just a week ago, civil society organisations in the judicial sector aired their unhappiness about Ramaphosa’s failure to appoint two judges to the Constitutional Court.
To our knowledge, this is longest any president in democratic South Africa has taken to appoint judges to the apex court.
— Civil society organisations
They pointed out that it has been more than five months since the Judicial Service Commission (JSC) concluded interviews and submitted its recommendations for the appointment of two judges to the court.
“To our knowledge, this is longest any president in democratic South Africa has taken to appoint judges to the apex court,” they said in their statement.
“The Constitutional Court has not operated at a full complement of 11 permanent judges for several years. The current delay exacerbates the problem.”
The constitution requires the president to appoint judges to the Constitutional Court from a list provided by the JSC, after consultation with the chief justice and political party leaders in parliament. While the provision affords him a measure of discretion and requires consultation, it does not permit indefinite delay.
“The power to appoint judges is a constitutional duty, not a political option. It must be exercised diligently and without undue delay, consistent with section 237 of the constitution and its foundational values, including the rule of law and the effective functioning of courts.
“The president’s failure to make these appointments timeously undermines both the independence and the operational capacity of the judiciary,” the organisations said in a joint statement.
Indeed, while it is good to apply the mind in making decisions, Ramaphosa has a constitutional obligation to act timeously.
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