http://www.thoughtleader.co.za/pierredevos/2007/10/04/goodbey-rule-of-law-hallo-national-security-state/ Sun, 12 Feb 2012 10:41:24 +0000 hourly 1 http://wordpress.org/?v=3.3.1 http://www.thoughtleader.co.za/pierredevos/2007/10/04/goodbey-rule-of-law-hallo-national-security-state/comment-page-1/#comment-2614 Pierre De Vos Thu, 04 Oct 2007 12:57:14 +0000 http://www.thoughtleader.co.za/pierredevos/2007/10/04/goodbey-rule-of-law-hallo-national-security-state/#comment-2614 There is no explicit obligation on the NPA to provide reasons for granting immunity from prosecution, but it is good practice to do so. The Minister must work out a policy on when to grant immunity and when not to and the National Director must then make decisions based on such a policy. If we do not like the policy we can complain to our representatives or even vote them out of office. But there is not (and should not be) any mechanism to challenge INDIVIDUAL decisions of the National Director about the granting of immunity, because these decisions should be done on a principled basis and not based on populism or expediency. There is no explicit obligation on the NPA to provide reasons for granting immunity from prosecution, but it is good practice to do so. The Minister must work out a policy on when to grant immunity and when not to and the National Director must then make decisions based on such a policy. If we do not like the policy we can complain to our representatives or even vote them out of office. But there is not (and should not be) any mechanism to challenge INDIVIDUAL decisions of the National Director about the granting of immunity, because these decisions should be done on a principled basis and not based on populism or expediency.

]]> http://www.thoughtleader.co.za/pierredevos/2007/10/04/goodbey-rule-of-law-hallo-national-security-state/comment-page-1/#comment-2612 Oupoot Thu, 04 Oct 2007 12:23:36 +0000 http://www.thoughtleader.co.za/pierredevos/2007/10/04/goodbey-rule-of-law-hallo-national-security-state/#comment-2612 A very good argument. Is there a legal responsibility on the NPA to declare public the reasons for granting immunity from prosecution? Well known cases where plea bargaining is/was questioned include the Rober McBride case, the German/Swiss nuclear technology spy ring, etc. Should the public not have some formal method to show that they agree / disagree with these actions by the NPA, either indirectly through the elected government, or directly through electing the head of the NPA? A very good argument. Is there a legal responsibility on the NPA to declare public the reasons for granting immunity from prosecution? Well known cases where plea bargaining is/was questioned include the Rober McBride case, the German/Swiss nuclear technology spy ring, etc. Should the public not have some formal method to show that they agree / disagree with these actions by the NPA, either indirectly through the elected government, or directly through electing the head of the NPA?

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