Warren Mabona
1 minute read
30 Apr 2015
7:00 am

Nxasana inquiry may be held up

Warren Mabona

The hearing into whether National Prosecuting head Mxolisi Nxasana is fit to hold office might hit an obstacle because of what appears to be the state's delay in providing Nxasana with documents detailing the charges against him.

FILE PICTURE: Head of the National Prosecuting Authority (NPA) Mxolisi Nxasana. Picture: GCIS

In January, the presidency announced President Jacob Zuma was proceeding to appoint a commission of inquiry to probe Nxasana. The commission is chaired by advocate Nazeer Cassim.

The hearing is expected to be on May 11 in Centurion. Nxasana will be defended by his lawyer Busani Mabunda. The deadline for the submission of documents containing the charges against Nxasana was March 27.

Mabunda said yesterday the documents detailing the complaints were supposed to come from the presidency and the department of justice. “We have not yet received the documents. … We will only react to any given situation on the day of the hearing.”

But Justice Department spokesperson Mthunzi Mhaga yesterday insisted a submission was made. “We submitted a file that has information to assist the commission chairperson to formulate the charges. I don’t remember the date of submission.” In August, Zuma notified Nxasana he was considering suspending him pending an inquiry into his fitness to hold office. Zuma announced his decision to institute the inquiry on July 5 after reports emerged that Nxasana had not been given security clearance because he had brushes with the law in the past. These included being tried for murder in 1985. He was acquitted on the murder charge.

Nxasana filed an urgent application in the North Gauteng High Court in September seeking an interdict to compel Zuma to give him more reasons for considering suspending him. His application was postponed indefinitely.

The presidency could not be reached for comment.