JZ has final call on under-fire NPA boss

10 June 2014 - 02:12 By Olebogeng Molatlhwa
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Minister of Justice and Correctional Services Michael Masutha. File photo
Minister of Justice and Correctional Services Michael Masutha. File photo
Image: SYDNEY SESHIBEDI

Prosecutors boss Mxolisi Nxasana will remain in his job until President Jacob Zuma makes a final decision on his fate.

Until then the National Prosecuting Authority (NPA) remains paralysed by the open warfare between Nxasana and his deputy, Nomgcobo Jiba.

The two aired the NPA's dirty laundry in the media at the weekend, launching accusations and counter-accusations at each other.

Zuma is now expected to decide Nxasana's fate when he returns to office after the holiday that the ANC has ordered him to take.

However, Zuma may make an announcement on Nxasana's future as prosecutions head before his official return, as the president is doing some work from home.

Minister of Justice and Correctional Services Michael Masutha told reporters yesterday that Nxasana would remain in his post as national director of public prosecutions, but indicated that a probe into his fitness to hold office may be in the offing.

Nxasana is fighting for his job following revelations that he has criminal convictions to his name.

He was acquitted of murder, but information points to another possible murder charge against him.

According to the law, Zuma has the power to institute an inquiry and fire Nxasana depending on the outcome of that proceeding.

He may also be placed on suspension while an inquiry is under way.

Masutha revealed that he met Nxasana privately, along with the director-general, to assure him of his position.

"We have since been in liaison with the office of the president. A decision has not been taken on the appropriate action. You would know that the president is empowered to institute an inquiry as well as a suspension (of Nxasana) pending finalisation of that inquiry," Masutha said.

He said he had "implored" senior NPA officials not to express their differences in public.

The Sunday Times reported at the weekend that Nxasana paid a R50 admission of guilt fine in an assault case in Nongoma, KwaZulu-Natal, in 1986.

Nxasana also told the paper that during a meeting with former justice minister Jeff Radebe last month he was informed that he had been denied top-secret security clearance for failing to declare the murder acquittal, a R2000 Law Society fine and a 2012 traffic offence, as well as for allegedly wanting to disband the NPA'sintegrity unit.

The minister yesterday called for an immediate halt to grievances and counter-grievances, as well as to disciplinary proceedings launched by NPA officials against each other.

Describing his meeting with top NPA officials as "amicable, frank and honest", Masutha was adamant the occasion was "not an intervention", but did concede that "the casting of aspersions is not helping anyone".

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