President lied, says Nxasana in affidavit
• In court papers, the former national director of public prosecution says he did not make a request to leave office, as had been alleged by Zuma
Mxolisi Nxasana, the former national director of public prosecutions, would have been reinstated as the National Prosecuting Authority boss had a bombshell affidavit in which he accused President Jacob Zuma of lying been admitted in court, he argued in court papers. Nxasana has filed an application for leave to appeal parts of a high court order in the Constitutional Court.
Mxolisi Nxasana, former national director of public prosecutions, would have been reinstated as the National Prosecuting Authority (NPA) boss if a bombshell affidavit in which he accused President Jacob Zuma of lying had been admitted in court, he argued in court papers. Nxasana has filed an application for leave to appeal parts of a high court order in the Constitutional Court.
The High Court in Pretoria found he had to repay a R17m golden handshake given to him when he left office in 2015, as it was an unlawful settlement.
Nxasana is also appealing against the dismissal of his condonation application, in which he asked the court to admit the late filing of his affidavit.
He effectively called Zuma a liar in the affidavit, saying he had not made a request to leave office as alleged by Zuma.
The high court ordered in December that the position of national director of public prosecutions be declared vacant and that Zuma was too conflicted to appoint an NPA head because he faced looming corruption and fraud charges.
Corruption Watch, Freedom Under Law and the Council for the Advancement of the South African Constitution had asked the court that Nxasana be reinstated if his settlement was reviewed and set aside. But the court granted the alternative relief, which declared the position vacant and ordered that the deputy president must appoint a new director.
In his affidavit, Nxasana said that if his affidavit had been considered by the Pretoria court, adverse findings against him would not have been made and that, following the settlement being set aside, his “lawful reinstatement” as national director of public prosecutions “would have been granted”.
He said he abided by the outcome of the application but the relief must be the result of a constitutional, lawful and fair process that required that his affidavit be taken into consideration. He said he was deprived of his basic right to make submissions on the far-reaching finding that he was “reckless” as to whether his demand to be paid out for the full remainder of his contract was lawful.
He conceded that he filed too late but said there were sufficient grounds for condonation to be granted. He said he should not been ordered to pay costs, as he was a private individual who helped the court establish a full record of correspondence and documentation. His application for leave to appeal, as well as that of Zuma and NPA boss Shaun Abrahams, will be heard together with the confirmation application on February 28.