Former National Prosecuting Authority boss Mxolisi Nxasana during a media briefing on the annual perfomance of the NPA on October 21, 2014 in Cape Town, South Africa. (Photo by Gallo Images / Foto24 / Lerato Maduna)
Former National Prosecuting Authority (NPA) boss Mxolisi Nxasana says he feels vindicated by the proceedings in the Supreme Court of Appeal (SCA) on Thursday, saying he finally understands why he was sacked from his position as the national director of public prosecutions.
After eight years in court fighting to see President Jacob Zuma prosecuted for corruption and forking out almost R30 million in legal fees, the DA was staggered after Zuma’s lawyers and the NPA conceded before the court the decision to drop more than 783 charges of fraud, corruption, racketeering and money laundering against the president in 2009 was irrational.
Zuma’s legal team now wants an opportunity to make fresh representations to Nxasana’s successor, current NPA head Shaun Abrahams.
Nxasana has told News24 he still believes Zuma’s statement in May 2015 that he had requested to be removed from his post under the NPA Act was “false”. He maintained his departure can be linked to the corruption charges against the president, with some fearing that he would reinstate them.
“I know that this is the very same matter that was used against me to assassinate my career, also to humiliate me and my family,” he told the news website.
Nxasana entered into a settlement agreement to leave his post and accepted a golden handshake of R17.3 million. This after Zuma decided to institute a commission of inquiry into his fitness to hold office.
“At the end of the day, I can only make assumptions because these people succeeded in their dirty tricks. For them to succeed, I assume they must have made some undertaking and made promises to make the president to believe they were capable of either protecting him or doing anything, which unfortunately didn’t happen.
“And here I am, I am still alive. I am strong,” he said.
The former chief prosecutor questioned the decision by Abrahams to challenge the Pretoria High Court’s April 2016 ruling that the charges against Zuma should be reinstated. Nxasana said he believed the NPA should prosecute any case before it without fear, favour or prejudice.
“It was unprecedented of the NPA to jump on the bandwagon and go as far as the Constitutional Court,” he said.
The ConCourt last year rejected the NPA’s attempt to appeal the ruling as it was due to be heard in the SCA.
According to Nxasana, Zuma could make new representations to the public prosecuting body if need be.
“I think nothing stops the person against whom the charges are reinstated to make fresh representations, then depending on those representations, anything can happen,” he said.
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