DA approaches Constitutional Court to have Arthur Fraser’s appointment declared invalid

Issued by Mmusi Maimane – Leader of the Democratic Alliance
25 Apr 2018 in News

The Democratic Alliance (DA) has today filed papers (attached here and here) seeking exclusive jurisdiction, alternatively direct access to the Constitutional Court to have President Cyril Ramaphosa’s appointment of Arthur Fraser as National Commissioner of Correctional Services set aside with immediate effect. Fraser is a compromised individual who is wholly unfit to hold such a vital position within government, and as such the President erred in his appointment of such an individual.

In light of the damning and serious allegations against Fraser – including that he operated a secret and parallel intelligence service from his own home whilst working for the State Security Agency (SSA) and utilised millions of rands of public funds for personal gain – the President’s decision to appoint Fraser falls foul of the President’s own constitutional obligations. We had initially written to the President seeking answers as to why Fraser was appointed, and the rationale behind this appointment. The President has to date failed to answer these questions, and as such we have little option but to approach the court.

Our legal action seeks an order declaring that the President’s recent appointment of Arthur Fraser violated the President’s constitutional obligation to appoint a National Commissioner who is sufficiently conscientious, has enough credibility to do this important job effectively, and is of good character. Arthur Fraser fails every aspect of this test. In fact, his co-ordination of a parallel intelligence network should have been reason to fire him – not rehire him in a different capacity.

We therefore ask of the court to review and set aside the President’s decision to appoint Arthur Fraser as National Commissioner of Correctional Services on 17 April 2018.

Cyril Ramaphosa’s “New Dawn” has failed to stop the ANC’s long-standing practice of reshuffling compromised individuals within government departments. This practice must be abolished once and for all,  not carried out by the President. In the tight fiscal space our country is currently in, we cannot be wasting millions of rands of public money on dodgy individuals.