The least of Jacob Zuma's worries - if he becomes president after the general election in April - will be keeping out of jail.


Instead he faces the monumental administrative headache of having to fill key government and judicial posts to keep the country running - and properly defended - with a parliament filled with predominantly brand new MPs on either side.

The country's top judges are on the brink of retirement, there is no national police commissioner, nor national prosecuting chief - even the presidency does not have a director- general, after the resignation of Frank Chikane.

On top of this, the ANC and its alliance intend to radically overhaul South Africa's security and the criminal justice system in what is fast shaping up to be the second power shift since 1994.

The ANC's allies - especially the SA Communist Party - want to "clean up" the national security council - a body of security chiefs headed by the president.

However, head of the ANC's peace and stability sub-committee and former defence chief, Siphiwe Nyanda, said that the national executive committee's sub-committees "discuss policies, not names".

Surprisingly, it appears controversial arms tycoon Fana Hlongwane - who was recently raided by the Scorpions - has been tasked with head-hunting the next police commissioner. This could not be verified.

There is already talk among the ANC's NEC that controversial former spy chief Billy Masetlha could replace national police commissioner Jackie Selebi. Masetlha - fired by Mbeki for allegedly fabricating intelligence emails - was cleared by the commercial crimes court this week.

However, safety and security minister Nathi Mthethwa wants a business-like technocrat, a highly skilled administrator from the private sector.

"We want someone who can run the police service like a business organisation. Look at closed-circuit cameras in the cities; they are run by municipalities and not the police. We need high-tech methods to combat crime," said one official, who did not have much respect for Masetlha's capabilities.

Acting national director of public prosecutions Mokotedi Mpshe is not well-liked by the ANC because of his insistence on charging Zuma.

The jostling for position is dividing Luthuli House, the ANC HQ, with President Kgalema Motlanthe refusing to announce publicly that Chikane is no longer his director-general, fearing that the ANC will impose "deployees" on him. Chikane was also head of the national security council, representing the president. And the council's secretary, Loyiso Jaftha, also left as the presidency's security chief director to head the national communications centre.

Other posts to be filled in the security council include the National Intelligence Agency director-general because the ANC, especially the radicals, are not happy with the incumbent Manala Manzini who was seen as Mbeki's man.

Tim Dennis's contract at the SA Secret Services will end next year.

Speculation is also rife that South Africa's top judge Chief Justice Pius Langa could retire in April because of ill health, while three other Constitutional Court judges are expected to end their terms in September.

If Langa retires early, it will mean that Motlanthe, and not a new ANC government under Zuma, will appoint the most important judge in the country.

It would save the new chief justice the potential embarrassment of being appointed by a man who could be on trial for corruption, harming the image of an independent judiciary.

In the worst case scenario, a Motlanthe appointment would guard against a lapdog appointment by Zuma himself.

Although it is argued in some quarters that conventionally the chief justice's deputy is his successor, this is no guarantee for deputy chief justice Dikgang Moseneke, who burnt his bridges with the post-Polokwane ANC last year.

Western Cape Judge President John Hlophe is expected to return to the Bench soon with a possible out-of-court settlement.

Hlophe's supporters do not rule out a Constitutional Court appointment - even the top judicial job - although Constitutional Court Justice Sandile Ngcobo is also mentioned as a possible successor.

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