AS IT HAPPENED: Zuma offered blank cheque to Nxasana as settlement to vacate office of the NDPP, #StateCaptureInquiry hears

2019-06-12 16:00

The judicial commission of inquiry into state capture has heard testimony from former NPA boss Mxolisi Nxasana, which was cut short by Nomgcobo Jiba's lawyer, who argued his client had not been issued a notice of implication.

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Raymond Zondo chairs the state capture inquiry
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Last Updated at 07:17
12 Jun 16:08

Zondo now moves to adjourn proceedings, on the basis that Nxasana will be asked to come back to continue his testimony. Zondo tells Nxasana that arrangements will be made as to when he can come back, and the commission's legal team's will be issuing the notices of implication to all parties implicated in Nxasana's testimony. 

Zondo thanks Nxasana once again, and adjourns proceedings for the day. Back at 09:30 tomorrow morning with another witness.


12 Jun 15:56

12 Jun 15:55

Pretorius, reading from the documents before him, says Zuma had initially offered Nxasana R10m to step down, but Nxasana declined and thereafter Zuma effectively gave Nxasana a blank cheque, as a settlement, if he would willingly vacate the office of the NDPP. 

Nxasana confirms that this is true.


12 Jun 15:44

Pretorius asks if Nxasana asked Zuma to allow him to vacate office, or whether he was forced out. Nxasana says that at no stage did he make a request to Zuma to vacate office.

Nxasana says he had wanted his fitness to hold office tested in an inquiry. 


12 Jun 15:40

12 Jun 15:34

ICYMI: 


12 Jun 15:29

Proceedings continue once again.


12 Jun 15:18

12 Jun 15:17

12 Jun 15:16

12 Jun 15:08

12 Jun 15:04

Ngalwana says that there should be no impediment to Nxasana giving evidence that has already been in the public domain, but any evidence that implicates Jiba "should be held back" until her legal team has had the opportunity to review the evidence.


12 Jun 15:01

Ngalwana mentions the timing of Nxasana's testimony about Jiba, and how it coincides with Jiba being removed from office by President Cyril Ramaphosa. He argues that it might "colour" how Jiba's dismissal would appear before the National Assembly.


12 Jun 14:53

Zondo says that he had earlier noted his concern regarding the notices not being sent (to implicated parties). "...that must be looked at carefully," says Zondo. 

Ngalwana, on behalf of Jiba, says the option that seems the most endearing is the one that would allow the witness to testify, but not to give evidence that would implicate his client.



12 Jun 14:41

12 Jun 14:40

Proceedings finally resume. Advocate Pretorius is addressing Zondo on the requests made by Jiba's legal counsel. 

Pretorius: "...Advocate Ngalwana, on behalf of Ms Jiba, has approached the commission and made certain requests of the commission. In essence, that any evidence concerning Ms Jiba be excluded, pending the issue of a notice to allow Ms Jiba to consider her position and take legal advice."


12 Jun 14:25

12 Jun 13:03

The issue of the recording in question is brought up, which, apparently, they haven't heard yet. Pretorius says the recording is about eight minutes long, and Zondo suggests that perhaps they could listen to the recording during the lunch break. 

And with that, Zondo calls for the lunch adjournment. Back at 14:00.


12 Jun 13:01

12 Jun 12:55

12 Jun 12:50

12 Jun 12:41

12 Jun 12:38

Nxasana says there was a campaign by Jiba to dig up dirt against him, possibly in order to embarrass him so that the president would remove him and install Jiba as the permanent NDPP.


12 Jun 12:36

Nxasana briefly touches on the legal matter against Zuma, says it was still ongoing at the time of his appointment, but he didn't touch the docket as it was in Jiba's hands. Investigations had ceased by then and there were court challenges against the dropping of the charges against Zuma.

Pretorius now directs Nxasana's testimony to the events leading up to his suspension. 


12 Jun 12:31

Nxasana explains the criteria needed to be able to charge someone with "racketeering", and says one first has to establish some sort of pattern, among other things.


12 Jun 12:28

12 Jun 12:23

Nxasana mentions questionable statements in the Booysen matter, including an unsigned statement from a Greek national, as well as a statement from a security guard who worked for a taxi association - essentially corroborating Booysen's earlier testimony at the commission.


12 Jun 12:21

12 Jun 12:12

12 Jun 12:10

Nxasana says the courts eventually ruled in favour of Booysen, and when he asked Jiba why she authorised the charges against him, she told him that she had relied on "racketeering experts".


12 Jun 12:10

Nxasana touches on the "Cato Manor" matter, charges against former KZN Hawks boss Johan Booysen, and Jiba's involvement in the saga as acting NDPP. 



12 Jun 12:07

12 Jun 12:01

Nxasana says he does not know if the NDPP role was advertised in any way, and also that there was no "formal interview" other than his meeting with Zuma. 

Nxasana says he received a "warm welcome" when he arrived at the NPA offices, and he also received a call from then-minister of justice, Jeff Radebe welcoming him.

Nxasana also says he later learned that Radebe had apparently committed to appointing Nomgcobo Jiba as the permanent NDPP. 


12 Jun 11:56

Nxasana says Zuma asked him if he had the "courage" to take up the position of NDPP, and Nxasana responded that he did. Nxasana says that Zuma told him, in Zulu, that it would be a difficult position to handle as it would be one "where spears will be directed at you".

Nxasana says his "meeting" with Zuma lasted about 30 minutes. He received a call from Hulley afterwards, on August 30, 2013, asking him to forward his CV. Hulley apparently indicated that Zuma was under pressure to announce an appointment. Nxasana's appointment was announced the following day. 


12 Jun 11:50

Nxasana describes a call he received from Michael Hulley, telling him former president Jacob Zuma was looking for a candidate to fill the position of NDPP. Nxasana says following his interaction with Hulley - Zuma's advisor - a meeting was set up with Zuma at his official residence in Pretoria.


12 Jun 11:45

Back from the break, Nxasana's testimony continues once more.

Pretorius asks Nxasana about the requirements for being appointed as national director of public prosecutions, and then proceeds to ask Nxasana to tell the commission about the circumstances preceding and surrounding his appointment as NDPP in 2013.


12 Jun 11:18

More technical difficulties with the live video stream. Another break in proceedings while it is sorted out.


12 Jun 11:16

ICYMI: 


12 Jun 11:12

Nxasana explains the structure of deputy national directors of public prosecutions, and explains that all the deputies are essentially equal, and there is no real hierarchy between them. Nxasana further says that the special DPPs and DPPs are on the same level, and drills further down to the prosecutors in different provinces. 

Zondo asks Nxasana if the DPPs are appointed by the president, and Nxasana confirms this, but "it stops there"... Nxasana says the deputy directors are appointed by the NDPP and the minister. 


12 Jun 11:03

12 Jun 10:58

Back from the technical break, Pretorius directs Nxasana back to his statement, and asks "Who appoints the directors of public prosecutions, other than the national director?"



12 Jun 10:49

ICYMI: 


12 Jun 10:44

Pretorius asks Zondo for a short 10-minute adjournment, while technical issues related to the live video stream are sorted out. 

Back in 10mins.


12 Jun 10:43

Nxasana says in his view, there has been "political interference" as well as external interference which impacts on decision making at the NPA.


12 Jun 10:39

12 Jun 10:32

12 Jun 10:32

12 Jun 10:31

Pretorius, leading Nxasana's evidence today: "For the moment, Mr Nxasana, you recall certain events in relation to some of the appointments and dismissals of national directors of public prosecution, that is not necessary to give a complete record of the events, but merely to highlight and raise questions at this point in time..."

Pretorius directs Nxasana to tell the commission of the events of which he has "at least indirect knowledge". 


12 Jun 10:25

12 Jun 10:25

Nxasana confirms that the statement before him is indeed his, and sets about listing his qualifications and background. 

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