‘Nxasana asked to be replaced‚’ Zuma’s advocate insists

Mxolisi Nxasana requested to be relieved of his office as national director of public prosecutions‚ “because the president said so”.

Advocate Ishmael Semenya SC‚ acting for President Jacob Zuma‚ told the High Court in Pretoria on Tuesday in his application to have Nxasana’s 2015 settlement reviewed and set aside‚ that the president's version of Nxasana having requested to leave office was uncontested on that point.

The court denied the former NDPP’s application for condonation with costs on Monday‚ in which he had asked the court to admit his affidavit‚ despite it being filed more than a year late‚ in which he accused the president of lying.

The president’s version is therefore not contradicted by that of Nxasana‚ according to Semenya. It is a crucial point in the matter‚ as there are limited ways in which an NDPP can leave office before the expiration of the ten-year term of office.

The applicants in the matter contend that documentary evidence that was revealed in the belated disclosures does not support the president’s version.

Semenya insisted that Nxasana’s request to be relieved of the position was verbal and undocumented.

He said the documents before the court might demonstrate that Nxasana was not willing to go‚ but that “his conduct contradicts that. His conduct is [that of] someone who was willing to take R17-million”.

Freedom Under Law (FUL)‚ Corruption Watch and the Council for the Advancement of the South African Constitution (Casac) have asked the court to review and set aside Nxasana’s settlement agreement‚ together with the R17-million golden handshake he received.

The civil society organisations have also asked the court to order that Nxasana be reinstated as NDPP‚ and that current NDPP Shaun Abrahams must give up his position.

Semenya said that if the court was to order the settlement unlawful‚ and ordered that Nxasana must take up office as NDPP again‚ it would be “back to square one”‚ as Abrahams would have to be compensated for his ten-year contract.

“You would have to extend a golden handshake to him for the remainder of his contract period‚” Semenya claimed.

As part of the application‚ FUL‚ Corruption Watch and Casac have asked that the court also order that Zuma not appoint the NDPP for the remainder of his term in office‚ as he is conflicted and could be facing criminal charges.

Semenya said Zuma’s term as president will soon be completed‚ and that there is no indication that he will suspend or appoint an NDPP in this time.

Advocate Geoff Budlender SC for Casac told the court that the issue was not who would be a better NDPP between Nxasana and Abrahams. The issue was about how to vindicate the constitution and deal with an unlawful settlement.

When harsh comments were made about Nxasana accepting the money‚ Budlender told the court that “one shouldn't be too quick in terms of judgment with regards to Mr Nxasana. He was put into an intolerable position”.