Open war at NPA

Accusations lift lid on vicious power struggle in prosecuting agency

CONFLICT in the National Prosecuting Authority escalated into open war this week, with embattled boss Mxolisi Nxasana accused of being linked to a second killing.

NPA integrity management unit head Prince Mokotedi claimed yesterday he had been blocked from investigating allegations that one of the assault cases Nxasana was convicted of in the 1980s might in fact have been a murder.

“I got information that seemingly it’s not one murder but actually two — that one of the assault cases was actually a murder,” he said.

Mokotedi claimed NPA CEO Karen van Rensburg blocked him from investigating further.

The murder claim follows weeks of public mudslinging and revelations that Nxasana had been asked to step down by former justice minister Jeff Radebe, who accused him of failing to disclose his acquittal in a 1985 murder case, when he was 18.

This has lifted the lid on vicious internal power struggles in the NPA, with Nxasana accusing a grouping led by his deputy, Nomgcobo Jiba, of trying to oust him.

Yesterday, Nxasana and Van Rensburg vehemently denied Mokotedi’s allegations.

“This is sheer nonsense,” said Nxasana. “Please write the story and quote him [Mokotedi]. I will deal with him. I will sue him.”

NPA spokesman Bulelwa Makeke said Van Rensburg “emphatically denies” Mokotedi’s allegation.

Mokotedi had laid a complaint with the Public Service Commission “against the CEO in this regard. In respect of the investigative processes of the PSC . . . it is premature and completely improper to run to the media with his complaint”.

In an interview on Friday, Nxasana said he had paid a R50 admission-of-guilt fine in an assault case in Nongoma, KwaZulu-Natal, in 1986, which concerned “a problem with my girlfriend”, and could not recall the second case. “How can you believe I paid a R50 fine if someone died? It’s just stupid and naive.”

During the interview, Nxasana laid bare the details of his meeting with Radebe on May 21, during which he was told he had been denied top secret security clearance for failing to declare the murder acquittal, a R2 000 law society fine and a 2012 traffic offence, and for allegedly wanting to disband Mokotedi’s integrity unit.

But Nxasana told Radebe he would not go quietly — which means President Jacob Zuma must decide whether he should face an inquiry into his fitness to hold office. He was appointed last year on the advice of Michael Hulley, Zuma’s lawyer.

Nxasana pointed out he had declared two assault convictions — one in the Nongoma case and another in Umlazi in 1985 — and the law society fine when asked to fill out a security clearance form on December 4 2013. It obliged him to declare only convictions and pending cases, which meant the murder acquittal was a “non-issue”.

“It’s a smoke screen, a red herring. What must you disclose if you’ve been acquitted?” he said.

How can you believe I paid a R50 fine if someone died? It’s just stupid and naive . . . it’s a smoke screen, a red herring

He denied disbanding the integrity unit, but said its investigators were “abusing their mandate” by sharing information with state security and crime intelligence agents.

He said that, in April, he had been informed that two state security agents had spent two weeks in KwaZulu-Natal digging into his past. The agency did not confirm the investigation.

This week, he received a letter from the agency, dated May 30, stating his security clearance had been declined. “I have written to them to ask them to give me the reasons. They did not come back to me.”

He accused Jiba of being part of a cabal that was colluding with state security agents and police officials to tarnish his name. The “cabal” included NPA commercial crimes unit head Lawrence Mwrebi and security head Tshilidzi Ramahana.

He said they had used Welcome Sthembiso Mhlongo, a colonel in the Hawks based in Durban, to dig up dirt on him to get him fired.

“I said to [Radebe] that I know it was Jiba who instructed Mhlongo [and] that every time she drops your name,” he said. He claimed Mhlongo had been offered a promotion to brigadier for his efforts.

Radebe’s response was that “it’s in your imagination”, said Nxasana.

But he insisted that “the minister and Jiba are friends. I am told he’d recommended her and wanted her to be in my job.”

Radebe said yesterday he would not “validate these baseless allegations with a response”.

An atmosphere of paranoia per-

vades the NPA offices, with claims of e-mails and calls being intercepted.

“Large amounts of documents are also disappearing from the building,” a senior official said.

This week, a security guard controlling access to the top brass’s offices and boardroom at the NPA was fired after he was suspected of spying on Nxasana and carting off sensitive documents.

Two senior sources said the guard, who was fired on Wednesday, had allegedly been instructed to spy on Nxasana by Jiba and was caught removing files relating to high-profile cases.

Makeke, the NPA spokesman, confirmed his removal. “The NPA complained of suspected security breaches by a security official [who] was suspended.”

Nxasana also accused Jiba of being obstructive when asked to hand over major case files.

These include cases against former spy boss Richard Mdluli, the so-called Amigos case against prominent KwaZulu-Natal politicians, the Cato Manor death squad case and the spy tapes case used to withdraw corruption charges against Zuma.

He said: “Jiba has told these lies that I wanted to reinstate charges against the president.”

Mhlongo, the Hawks colonel, insists he “was never tasked by anyone to investigate Mxolisi”.

“I never had any meeting with Jiba nor do I have her contact numbers. I have nothing to lose or gain by destroying Mxolisi or investigating him.”

He denied Jiba offered him a promotion: “Jiba can’t promise

Documents are also disappearing from the building

me any position. She works for NPA and I am with the South African Police Service.”

Mwrebi called the allegation “a figment of [Nxasana’s] imagination”. Ramahana declined to comment.

Jiba, after asking to be sent questions, responded late yesterday by SMS, saying: “I will not stoop to that level. I choose to channel my energy on ensuring that work of the NPA as mandated by our constitution and NPA Act continues unabated, and I won’t be deterred in so doing by these baseless stories.”