New NDPP announces appeal against Mdluli judgement
The newly appointed National Director of Public Prosecutions, Mr Mxolisi Nxasana, announced at three thirty this afternoon during Portfolio Committee hearings on the Annual Report of the National Prosecuting Authority that the appeal against judge John Murphy's Mdluli judgement had just been filed. Judge Murphy ordered that the withdrawal of fraud and corruption charges and murder and kidnapping charges against Mdluli were set aside, therefore that prosecution had to commence.
The NDPP said at the start of the meeting that he needed time to apply his mind to the Murhpy judgement and that it would not be right to rush into decisions.
During question time, I expressed the view that prosecutions should commence forthwith, and that while the new NDPP had admirably expressed allegiance to his oath to prosecute without fear or favour, Judge Murphy found (at paragraph 237) that the Acting NDPP and the two Directors of Public Prosecution involved, the DPPs for North and South Gauteng, had "not demonstrated exemplary devotion to the independence of their offices or the expected capacity to pursue this matter without fear or favour."
Adv Lucelle Adams (Cope) asked how long it would take him to apply his mind. The new NDPP replied that in high profile cases he needed to give himself enough time, which could not be measured in weeks or days.
He said he had taken note of my remarks on the criticisms of the senior officers of the NPA contained in the judgement, and then announced that leave to appeal had just been filed. The process, including opinion from counsel, was on its way when he took up office but he was present when the decision was taken to appeal.
The DA regrets the decision to go on appeal, but will respect the process.
Mr Nxasana twice asserted the need to restore the credibility and integrity of the NPA. He has walked into the eye of the storm, and despite the change of position during today's hearings, made a favourable impression.
Statement issued by Dene Smuts MP, DA Shadow Minister of Justice and Constitutional Development, October 8 2013
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