100 days later, where are the Nxasana terms of reference?

13 October 2014

Today marks the 100th day since President Jacob Zuma announced, on 05 July 2014, that he would launch a probe into the National Director of Public Prosecutions (NDPP), Mxolisi Nxasana, to ascertain whether or not he is a fit and proper person to be the head of the National Prosecuting Authority (NPA). And yet there are still no terms of reference for this crucial inquiry.

I will therefore be writing to President Zuma to challenge him to end this dithering and announce the terms of reference that will inform this probe.

This comes after reports earlier this year alleging that the procedure in appointing Nxasana may have indeed been flawed.

This is of grave concern given the long history of political interference and corruption at the NPA that has left our prosecuting authority and its legitimacy in tatters. 

The DA contends that there has been no progress with regard to setting out the terms of reference of this enquiry. The inexplicable delay creates the suspicions that the enquiry's announcement was merely a "witch-hunt", to enable the President to get rid of the NDPP he appointed just over a year ago, because Nxasana refuses to bend to the ANC and President Zuma's political will.

This independence of Nxasana is most notable in Nxasana's reinstating of charges against disgraced Crime Intelligence Head, Richard Mdluli, an ally of Zuma.

Further, the DA will also be asking President Zuma to ensure that when he does announce the terms of reference they include a broader enquiry into the fitness to hold office of other Presidential appointees, most notably the Deputy National Director of Public Prosecutions, Adv Nomgcobo Jiba and Head of the Specialised Commercial Crimes Unit, Adv Lawrence Mrwebi.

These chief Zuma acolytes are responsible for a litany of scandals, most notably their handling of the so-called Spy Tapes saga and the Mdluli debacle, that have contributed to the evisceration of South Africa's National Prosecuting Authority and they must be suspended pending the outcome of this investigation.

President Zuma cannot continue to stick his head in the sand while the rot at the NPA worsens. President Zuma must either announce the terms of reference or publicly withdraw the allegations that Nxasana is not a fit and proper person to hold office.

The DA will use every tool at its disposal to ensure that the President, charged with restoring the NPA's integrity, engages this matter with the seriousness it deserves.

Statement issued by Glynnis Breytenbach, DA Shadow Minister of Justice, October 13 2014

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