Published: Thu, April 13, 2017
World | By Paul Elliott

Jacob Zuma lied, former NPA head Mxolisi Nxasana says in an affidavit


The case involves the dismissal of former national director of public prosecutions Mxolisi Nxasana, who claimed in court papers this week that Zuma committed perjury over the reasons Nxasana left his post.

Nxasana confirms the allegations by FUL and Corruption Watch and the allegations of "my premature departure".

Naidoo says Zuma has failed to produce the documents showing that Nxasana requested to leave office.

Zuma said that Nxasana had acknowledged that his appointment had created tensions among senior prosecutors, and was leading to discord at the vital institution.

It is a decision Jiba and Mwrebi have appealed. President Jacob Zuma has refused to suspend them, pending the outcome.

Nxasana appeared to possess that rare quality at the NPA - an independent mind - and his clashes with Jiba very quickly thrust him into the cross-hairs.

Nxasana said the president and justice minister had both recorded in the settlement that he was fit to hold office.

They alleged the payment contravened the Public Financial Management Act and NPA Act.

Zuma‚ a year ago responding to FUL and Corruption Watch's allegations‚ said in an affidavit that Nxasana had told him that he would willingly leave his position.

The former National Prosecuting Authority (NPA) head filed papers in an application brought by Corruption Watch and Freedom Under Law aimed at trying to recover the R17 million paid to Nxasana when he left the NPA.

The organisations have welcomed the affidavit with Corruption Watch saying that if the inaccuracies of Zuma persisted they would look to have him come to court to testify. To be crystal clear: "I never requested that the president allow me to vacate the office of the NDPP in accordance with ... the NPA Act, or on any other basis", he said in an affidavit.

He said although attempts were made to resolve the dispute‚ he ultimately accepted the settlement to end it [the dispute].

"The source of the dispute was that the President wanted me to vacate the office of the NDPP‚ and I did not want to leave the office".

"To this day I maintain that I am fit and proper to hold the office of NDPP and would serve again".

"This does not change the simple fact that the settlement agreement was not‚ and never meant to be‚ concluded to constitute a request on my part to vacate office ..."

He said entering into the agreement that saw him get R17 million was the only way to protect the office of the NDPP, and he would gladly pay it back and get back to work.

"It was never my intention to make a request to leave the office, nor did I ever make such a request to the President", he said, adding that a lawyer's letter sent to the President on December 10 2014 expressly stated this.

However, Nxasana has filed his own papers in which says "the President's version in this regard is false". "I believe (they) advised the president that I meant to reinstate the criminal charges against him that my predecessor had withdrawn", he said. The institute's Paul Hoffman will be meeting with the investigating officer this week. At the time Nxasana said he had felt "vindicated" by the ruling.

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