Nxasana rejoices in Concourt judgment
FORMER National Prosecuting Authority (NPA) boss Mxolisi Nxasana said he was pleased with the Constitutional Court judgment setting aside incumbent head Shaun Abrahams’ appointment in 2015.
Nxasana, who was given a R17 million golden handshake to leave the NPA by former president Jacob Zuma, said he was ready to pay back the money as directed by the Constitutional Court.
“I am happy with the judgment; it comes after the high court rejected my condonation application… I am vindicated today… the court has heard my version and accepted it.
“I am willing to pay back the money as directed by the Constitutional Court,” he told journalists outside the Constitutional Court.
“It is now more than three years (since leaving the NPA) and I was subjected to humiliation at the time, I came to accept what happened. As you heard, Justice (Mbuyiseli “Russel”) Madlanga said he felt sorry for me regarding the manner in which I was treated.”
The North Gauteng High Court refused Nxasana condonation to file a late affidavit which he said contained his version of the events leading up to his leaving the NPA. The affidavit was filed very late, long after Freedom Under Law, Corruption Watch and the Council for the Advancement of the South African Constitution (Casac) filed papers asking that Abrahams’ appointment be set aside.
Justice Madlanga granted Nxasana his condonation appeal, but ruled that he cannot return to the NPA.
“Although the explanation for the delay is weak, Mr Nxasana is strong on the merits
of what the explanatory affidavit was, in the main, meant to achieve – that is, to counter former president Zuma’s version,” Justice Madlanga said.
“Lastly, I am not aware of prejudice that was suffered by any party as a result of the late filing of the explanatory affidavit, and none was suggested. On balance, I am of the view that condonation must be granted and the explanatory affidavit accepted.”
A buoyant Nxasana gave advice to prosecutors from the NPA: “To officials at the NPA, I say continue doing your work diligently and faithfully. Officials must take a leaf out of this judgment and this whole scenario that took place.
“They must avoid agendas, camps… people must just work without fear or favour. They should treat everyone equally and never fear to prosecute anyone,” Nxasana said.
Casac and Corruption Watch welcomed the judgment. Casac director Lawson Naidoo said it was now time for President Cyril Ramaphosa to appoint a new NPA head.
“We hope that he will act with speed. The Constitutional Court has given him 90 days to appoint a NDPP (National Director of Public Prosecutions).”