OH, DEAR! It appears President Jacob Zuma has got himself into trouble with the Supreme Court of Appeals over the appointment of our National Director of Public Prosecutions Menzi Simelane.

Judge Navsa delivered what amounted to a sustained and stern constitutional lecture to the president and any other top politician who allocates powers to themselves that are not in the Constitution.

While Zuma has been admonished for misunderstanding the extent of his powers to appoint the country's top prosecutor, we also have to ponder whether there is any way such a situation can be avoided in the future.

Clearly, this is not the last time we will have a president who does not quite understand the extent of his or her powers. It will also not be the last time a president wishes to appoint someone who is regarded by some as being of questionable character, like Simelane.

There are also instances in which other politicians are allowed to appoint top officials who wield a significant influence in the lives of citizens - like the commissioner of police for instance. The director-general of home affairs or any of the top spies are another example

How can we change the status quo to avoid such embarrassing mistakes and judicial lectures in the future?

Given that the founders of our progressive constitutional order wanted an open, accountable government, it is perhaps time we considered changing the Constitution to give more power to the people in these matters.

In general, positions that enable individuals and their officials to infringe on the liberties of individuals, then no one person, including the president, should be tasked with making that appointment alone. The NDPP can for instance apply to have someone arrested, as can the police commissioner or the director-general of home affairs (in the case of immigrants). Because of the environment in which intelligence services operate in, it is also important that they are headed by people citizens have no reservations about.

So how should such appointments be made in future?

In the case of the NDPP, the President should nominate a candidate or candidates for public interview by the Judicial Services Commission (JSC). In the letter opening such a process, the president should follow a custom where he also gives the JSC the opportunity to interview any other candidate they consider fit for this role.

There is nothing strange here. Former president Thabo Mbeki gave the JSC such an opportunity when he nominated former chief justice Pius Langa for that position.

On making a choice the president should have no power to veto it as it arose after a transparent, rigorous process. Such a process would ensure that the public is aware of the history of appointees, and how they behaved when faced with difficult ethical and legal questions in the past. Citizens would then be relatively assured that the position of NDPP will not be used for any other purpose than what was intended by the law. After all, we have a recent history of top prosecutors taking part in dirty political schemes, some of which Zuma was once a victim.

The other top officials must also be nominated by the president on seeking the advice of the relevant minister, and the confirmation thereof must also take place in public through either a joint parliamentary committee or a Special Civil Service Appointments Commission.

Again, such a process must be public, with the media and private citizens being allowed to attend and hear whether these candidates are properly qualified, experienced and upstanding enough to be trusted with such positions. Again, the candidates selected must be endorsed by the president. This commission must have the authority to disqualify candidates it feels do not meet the objective criteria set by legislation.

These processes might appear to disempower politicians who have been elected by popular vote, but they do not. In such an environment, ministers and presidents will be careful not to embarrass themselves by appointing people who might be publicly humiliated by being rejected. It will also stop unsuitable individuals from making themselves available for positions they are patently not qualified to fill.

This culture must permeate to other positions in the provinces and municipalities. There is so much bad faith and corrupt intent in some appointments that it is time the Constitution made provision for citizens to assess the honesty of the process. There are too many instances where people of questionable character who are either unqualified or have accusations of corruption being appointed to important posts.

Delivering the majority judgment in the recent case between the Mail & Guardian and the President, former chief justice Sandile Ngcobo stated clearly: "It is impossible to hold accountable a government that operates in secrecy. The right of access to information is also crucial to the realisation of other rights in the Bill of Rights. In a democratic society, the exercise of the right to vote also depends on the right of access to information. Without access to information, the ability of citizens to make responsible political decisions and participate meaningfully in public life is undermined."

Ensuring citizens' access to the process of appointment of officials like the NDPP is the least we can do to give meaning to former Judge Sandile Ngcobo's very profound words. Our democracy can prosper only when we do that.

• Zibi is a member of the Midrand Group