Now NPA goes for Nx­as­ana

In a dra­matic week, the NPA has laid charges against per­ceived foes of its pow­er­ful deputy, Nomg­cobo Jiba, and has also set its sights on for­mer head Mx­olisi Nx­as­ana

CityPress - - Front Page - ABRAM MASHEGO abram.mashego@city­press.co.za

The Na­tional Pros­e­cut­ing Au­thor­ity (NPA) is set­ting its sights on its for­mer head Mx­olisi Nx­as­ana. Ac­cord­ing to a record­ing of a re­cent NPA meet­ing ob­tained ob­tained by City Press, Nx­as­ana may soon be for­mally ac­cused of hav­ing sex­u­ally ha­rassed an NPA em­ployee dur­ing his ten­ure as Na­tional Di­rec­tor of Pub­lic Pros­e­cu­tions (NDPP). The em­ployee is su­ing the NPA for R7.5 mil­lion af­ter lay­ing charges of shock, pain and suf­fer­ing, and con­tu­melia (dis­re­spect that causes of­fence). She has served the au­thor­ity with a sum­mons that is un­re­lated to the sex­ual ha­rass­ment al­le­ga­tions.

Ac­cord­ing to the record­ing, the em­ployee – whose name is known to City Press – com­plained to NPA deputy head Nomg­cobo Jiba and her col­leagues about Nx­as­ana’s ac­tions.

In the record­ing, one of­fi­cial says: “She [the NPA em­ployee] com­plained to us that the NDPP [re­fer­ring to Nx­as­ana] sex­u­ally ha­rassed her. She said ev­ery time she came into the of­fice of Nx­as­ana to bring doc­u­ments, he al­ways told her that she has lovely legs and would touch them.”

The record­ing, which has been ver­i­fied by three NPA of­fi­cials, is said to have been made by pros­e­cu­tors who at­tended a re­cent meet­ing in which the al­le­ga­tions against Nx­as­ana were dis­cussed.

City Press un­der­stands that the po­lice have also ob­tained a state­ment, but it is un­clear if a crim­i­nal case has been lodged.

NPA spokesper­son Lu­vuyo Mfaku said: “The Na­tional Di­rec­tor of Pub­lic Pros­e­cu­tions [Shaun Abra­hams] is not aware of such a mat­ter. No one within the law en­force­ment com­mu­nity has brought such a mat­ter to his at­ten­tion. We there­fore dis­miss those al­le­ga­tions as ut­ter non­sense.”

How­ever, Nx­as­ana this week con­firmed he was aware of the ex­is­tence of the record­ing and the al­le­ga­tions made against him.

He de­nied hav­ing ha­rassed the woman, say­ing the al­le­ga­tions were man­u­fac­tured by those who were wor­ried about his court chal­lenge, which could see him re­turn­ing to his old post.

“When I first heard about the al­le­ga­tions, I laughed. I said to my­self that they are very des­per­ate to find some­thing that they could use to crim­i­nally charge me or tar­nish my name. Why didn’t she re­port it to our HR depart­ment or the po­lice when it hap­pened?” he asked.

Nx­as­ana blamed the al­le­ga­tions on his for­mer deputy Jiba, who he ac­cused of be­ing out to get him at all costs.

Nx­as­ana re­signed from the em­bat­tled NPA last year un­der ac­ri­mo­nious cir­cum­stances, hav­ing reached a set­tle­ment with Pres­i­dent Ja­cob Zuma af­ter it emerged that Nx­as­ana had al­legedly failed to dis­close a pre­vi­ous brush with the law. He was paid more than R17 mil­lion to va­cate his po­si­tion. In her civil claim, the em­ployee states in the sum­mons that on Oc­to­ber 4 2013 Nx­as­ana re­moved her from her se­nior man­age­ment po­si­tion.

“Af­ter the un­law­ful re­moval of the plain­tiff from her po­si­tion, the de­fen­dant did not pro­vide the plain­tiff with al­ter­na­tive em­ploy­ment, nor re­spon­si­bil­i­ties. The plain­tiff was left loi­ter­ing in the of­fice,” reads the sum­mons.

It goes on to state that Nx­as­ana “or his agents” ha­rassed her by not sign­ing per­for­mance agree­ments, laid “ma­li­cious crim­i­nal charges” against her and caused the Hawks to search her house on two oc­ca­sions.

The em­ployee al­leges that, as a re­sult of Nx­as­ana’s ac­tions, she de­vel­oped ma­jor de­pres­sion, post-trau­matic stress dis­or­der, “symp­to­mol­ogy”, anx­i­ety dis­or­der, heart dis­ease, un­con­trol­lable emo­tions and seizures.

The NPA em­ployee states in her pa­pers that she had to un­dergo surgery and coun­selling, and is cur­rently on chronic med­i­ca­tion.

The NPA has been given un­til next Satur­day to in­di­cate if it will op­pose the claim.

Mfaku said the pros­e­cut­ing au­thor­ity had re­quested fur­ther in­for­ma­tion to help them plead the civil suit.

Nx­as­ana de­nied hav­ing ha­rassed the em­ployee, say­ing he re­alised she had been placed in his of­fice to spy on him.

“I then re­quested to have my own per­sonal as­sis­tant, which was ap­proved,” he said.

PHOTO: AP

RAZ­ZLE DAZ­ZLE Model fee­bee poses as part of an art in­stal­la­tion called Daz­zle Room by artist Shigeki Mat­suyama at a de­sign ex­hi­bi­tion in Tokyo on Fri­day. Mat­suyama’s in­stal­la­tion fea­tures a strong con­trast of black and white that is called daz­zle cam­ou­flage, a mil­i­tary cam­ou­flage paint scheme used on ships dur­ing World War 1

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