Nxasana’s R17m payout ‘illegal’

ZUMA OPPOSED TO REINSTATEMENT

President Jacob Zuma, Justice Minister Michael Masutha and national director of public prosecutions (NDPP) Shaun Abrahams have all conceded that former NDPP Mxolisi Nxasana’s R17.3 million golden handshake was illegal and he should pay back the money.

The three, however, vehemently opposed Nxasana’s reinstatement, as Corruption Watch, Freedom Under Law and the Council for the Advancement of the South African Constitutional (Casac) wanted.

Counsel for Abrahams, Hilton Epstein SC, severely criticised Nxasana for being “seduced” by R17.3 million and entering into a settlement he – as NDPP – should have known was illegal.

He slammed Nxasana for not formally offering to pay back the money, but keeping the money for two years while waiting for the court to tell him to give it back. There was no allegation that Nxasana was duped, misled or deceived, he added.

Epstein argued that Nxasana had assumed he was entitled to the money and now that he found out this was not so, wanted his job back. He should not be awarded for his opportunism.

Ishmael Semenya SC said Zuma conceded that the settlement with Nxasana should be set aside, but argued that Nxasana had asked to leave as the president said so and there was nothing to contradict his version.

He said there was a history of Nxasana’s authority being challenged and he might have said he didn’t want to leave, but his conduct contradicted this as he was willing to take the money.

He argued that Abrahams was properly appointed as NDPP and could only be removed in terms of the NPA Act and not through a court order. He would be entitled to a “golden handshake for the remainder of his period in office” if the court said he could not be NDPP.

Geoff Budlender SC, for Casac argued that the High Court in Pretoria should either reinstate Nxasana or rule that there should be a fresh appointment. It was not for the court to hold a “beauty contest” between Nxasana and Abrahams to decide who would be the better NDPP.

He argued that President Zuma should not be allowed to appoint the NDPP as he was conflicted because of the criminal charges he faced and the court should rule that his deputy must make the appointment. –