Mxolisi Nxasana asked Zuma to suspend top NPA officials

2015-07-16 16:42
Mxolisi Nxasana. Picture: Alet Pretorius

Mxolisi Nxasana. Picture: Alet Pretorius

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Two days before the former national director of public prosecutions was due to vacate his office, he made sure he got the last word in. 

Mxolisi Nxasana, who received a golden handshake worth millions, reminded President Jacob Zuma and Justice and Correctional Services Minister Michael Masutha to “fulfil their constitutional mandate and to act as a matter of urgency” against senior officials in the National Prosecuting Authority. 

The NPA’s annual report was tabled in Parliament this week. 

In it, Nxasana referred to advocates Nomgcobo Jiba, deputy director of public prosecutions; Lawrence Mrwebi, head of the commercial crime unit; and Sibongile Mzinyathi, director of public prosecutions in Gauteng North. 

He described their involvement in the dropping of fraud and corruption charges against Lieutenant General Richard Mdluli, the suspended head of crime intelligence, as “causing a credibility crisis within the NPA as a whole”. 

Nxasana proceeded to set out all the steps he had taken to get Masutha to act and said the justice minister failed to submit his recommendations to the president. 

Nxasana had recommended that the three be suspended, pending an investigation into their fitness for office. In the report he reiterated this call for their suspension. 

He also described the behaviour of Jiba, his deputy, as “intolerable”. 

He wrote: “The national director requested reports from Advocate Jiba regarding the Mdluli corruption matter, which request was ignored. The national director has repeatedly requested an official handover report on matter dealt with by Advocate Jiba, without any response. The national director held the view that such insubordination is intolerable and makes it very difficult to perform his duties.” 

Nxasana said he had sent numerous urgent requests to the minister and the president asking them to act, but to no avail. 

He referred to an earlier high court decision that found “the respondents are unbecoming of persons of such high rank in the public service”. 

“Therefore it is important for the minister and the president to fulfil their constitutional mandate and to act as a matter of urgency.” 

According to Nxasana, the police were still investigating charges of perjury against the three, a criminal case was under way against Mrwebi, and the Bar Association had filed an application to remove them from the roll. 
Mrwebi and Mzinyathi indicated they would oppose the application. 

All three still hold their positions in the NPA.

Read more on:    npa  |  mxolisi nxasana  |  richard mdluli

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