So Many Questions

Former justice minister Jeff Radebe demanded the resignation of national director of public prosecutions Mxolisi Nxasana, who refused. Chris Barron asked former senior prosecutor and DA spokeswoman on justice Glynnis Breytenbach . . .

What is the DA’s position? Should he stay or go?

It’s very difficult to have a position . . .

Why?

We don’t know the gentleman terribly well. He’s only been there for three months.

You know that he was involved in a murder and didn’t disclose it?

We don’t know anything of the sort. We don’t know whether he disclosed it or not.

Are you doubting that he murdered somebody?

That’s a very harsh way of putting it. The man was acquitted.

But he didn’t disclose that he’d been charged with murder?

We don’t know that. I haven’t seen the forms. We’ve asked to see the forms. We don’t know if he disclosed it or not.

What about the other incidents he was involved in?

Apparently — apparently, because I don’t know this first-hand — apparently he had two convictions for assault.

So?

That doesn’t go to dishonesty, it goes to a tendency towards violence. I don’t know when this happened. We don’t know the circumstances.

Didn’t he resist arrest for speeding just a few years ago?

So they say. I haven’t seen a docket. Now they allege the docket has gone missing. Normally, you would expect a matter like that to be followed up properly, investigated properly and placed before a prosecutor to decide on it. This docket has never, as far as I can see, been placed before a prosecutor. So we just don’t know if he’s a fit and proper person. If he is not, then of course the matter must take its course. If he is, then we want to know why he is being targeted in this fashion and what the process was leading up to his appointment.

He’s got a record. Aren’t there at least questions about his judgment?

He was acquitted by a court of law. That means it can never be held against him ever, ever again.

So why do think he was denied a security clearance?

I’m not sure. If he’s got two previous convictions for assault, that could be a reason to deny him clearance.

Can he be fit and proper with two convictions for assault?

There are various grades of assault. I don’t know the facts so I have no idea what kind of assault it was. But clearly it’s assault common, not assault with intent to do grievous bodily harm, which makes it a less serious offence.

If you don’t know the facts, how can you be so sure?

I’m sure if it had been assault GBH the newspapers would have said so.

Shouldn’t the director be beyond all possible reproach?

Absolutely. He needs integrity, but an assault charge does not necessarily impact on your integrity.

Doesn’t it raise questions about your judgment?

I don’t know when it happened. It could have been when he was 18. But you must bear in mind that he is a current member of the side bar, an officer of the court. The court saw fit to admit him to the side bar.

Wasn’t Menzi Simelane also admitted to the side bar?

He was something completely different. He lied to a commission of inquiry while he was at the bar.

Why do you think revelations about Nxasana’s past are coming out now?

I can only imagine because he’s done something that made the powers that be uncomfortable.

Like what?

He’s rumoured to be dealing with the [Richard] Mdluli matter. It’s a very strong rumour in the National Prosecuting Authority that the docket has been referred to a prosecutor for evaluation with a view to re-enrolling it.

Why is President Jacob Zuma so determined to prevent this?

Mdluli spent years as the head of crime intelligence and it’s a commonly bandied about fact that he spent his time collecting dirt on all and sundry and that he probably has the goods on everybody. And Zuma and his cohorts need protection.

Why didn’t he appoint former acting director Nomgcobo Jiba, who is known to be in his camp?

Because her appointment would have been challenged immediately.

On what grounds?

She has been scathingly dismissed by two high courts for lying.

So why didn’t the DA challenge her appointment as acting director?

If she was appointed now, we would.

Should she have been?

I wasn’t involved with the DA then.

Are there grounds to challenge her position as deputy director?

Yes.

Reinstating fraud and corruption charges?

Yes.

How do we know that?

Will the DA be doing that?

I sincerely hope so.

Are you surprised Radebe didn’t show the same concern about her fitness for office as he seems to be showing in the case of Nxasana?

I am absolutely astonished.