Nxasana asked to be replaced, court hears

MXOLISI Nxasana asked to be relieved of his office as national director of public prosecutions “because the president said so”.

Advocate Ishmael Semenya SC‚ acting for President Jacob Zuma‚ told the Pretoria High Court yesterday in his application to have Nxasana’s 2015 settlement reviewed and set aside‚ that the president’s version of Nxasana’s having asked to leave office was uncontested on that point.

The court denied the former NDPP’s application for condonation with costs on Monday‚ in which he had asked the court to admit his affidavit‚ despite it being filed more than a year late‚ in which he accused the president of lying.

Semenya argued that the president’s version was not contradicted by that of Nxasana.

This is a crucial point in the matter‚ as there are limited ways in which an NDPP can leave office before the expiration of the 10-year term of office.

The applicants in the matter contend that documentary evidence that was revealed in the belated disclosures does not support the president’s version.

Semenya insisted that Nxasana’s request to be relieved of the position was verbal and undocumented.

He said the documents before the court might demonstrate that Nxasana was not willing to go‚ but that “his conduct contradicts that. His conduct is [that of] someone who was willing to take R17-million”.

Freedom Under Law (FUL)‚ Corruption Watch and the Council for the Advancement of the South African Constitution (Casac) have asked the court to review and set aside Nxasana’s settlement agreement‚ together with the R17-million golden handshake he received.

The civil society organisations have also asked the court to order that Nxasana be reinstated as NDPP‚ and that NDPP Shaun Abrahams must give up his position.

Semenya said that if the court was to order the settlement unlawful‚ and ordered that Nxasana again take up office as NDPP, it would be back to square one‚ as Abrahams had to be paid out for his 10-year contract.