Former National Prosecuting Authority (NPA) boss, Mxolisi Nxasana says the past three years since termination of his employment as NPA head have been tough.
He says the Constitutional Court judgment on Monday comes with a challenge.
Justice Mbuyiseli Madlanga ordered that he pays back R10.3 million of the R17.3 million golden handshake he received to vacate office.
Nxasana says he will abide by the court order to repay the money.
“I am glad that this court agreed with me, to say the only issue is I accept what the court has to say because of the instability at the NPA which was happening long before I was there in 2007. But I think that’s the majority of the review. But you have the minority decision as well, which agrees with me that I should be reinstated automatically. And if I am not reinstated, it’s unfair to me to be given an order that I must pay back the money.”
The Constitutional Court has found that the settlement of R17.3 million to former NPA Head was invalid and that he should pay back R10.3 million to the NPAy.
The court has also directed that President Cyril Ramaphosa appoint a new NDDP within 90 days.
Current NPA head Shaun Abrahams’ appointment has also been declared invalid because the dismissal of his predecessor Nxasana was unconstitutional.
Judge Mbuyiseni Madlanga says the for the sake of stability of the NPA, Nxasana cannot be reinstated.
He says: “Mr Nxasana is not free of blame in the manner in which he vacated office. Although he strongly protested his fitness for office, he was prepared to vacate if the payout was right.”
“I sympathise with him for the undue pressure he was subjected to but I do not think that it is the reaction expected of the holder of so high an office.”
CASAC calls for an independent NDDP
Council for the Advancement of the South African Constitution (CASAC)’s Executive Secretary, Lawson Naidoo has called on President Cyril Ramaphosa to speedily appoint a new NDDP.
Naidoo says they now hope for a clean independence of the National Prosecuting Authority of South Africa.
“We are very pleased with the judgement this morning. It indicates the full independence of the NPA in our constitutional democracy; and I think it’s the victory for the rule of law. I think we would like to see President Ramaphosa appoints a new NDDP as soon as possible. I know the court has given him 90 days to do so and we hope he will act much more swiftly than that.”
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