Lawyers for President Jacob Zuma and the National Prosecuting Authority (NPA) have conceded that the R17 million golden handshake settlement paid to former NPA head Mxolisi Nxasana was unlawful and irrational.
However, both legal teams maintain their arguments that Nxasana was not pushed out but rather resigned voluntarily when he was offered the massive golden handshake.
Civic groups, Corruption Watch and Freedom Under Law have approached the North Gauteng High Court to have the settlement overturned.
Nxasana came under attack for accepting the settlement. The NPA argues that Nxasana accepting the money shows that he was not forced out.
Hilton Epstein, NPA lawyer says:
“Once he is seduced by the money he expresses a willingness to go.”
Nxasana has stated that he is willing to pay back the money and is also available to reassume his position as NPA head, if this were to happen then current NPA Boss Abrahams would have to go.
However, Both President Zuma and the NPA want Abrahams to remain in his post.
Ishmael Semenya, Zuma’s lawyer says:
“The NDPP cannot be removed by a court order. Abrahams would also have to be paid out.”
The matter is being heard by a full bench of three judges.
