‘Nxasana was paid over R17m after resigning’

The former prosecutions boss has been paid out the value of the remainder of his 10-year-contract.

FILE: Former National Director of Public Prosecutions (NDPP) Mxolisi Nxasana. Picture: EWN.

JOHANNESBURG - Court records have confirmed that government paid former prosecutions boss Mxolisi Nxasana more than R17 million following his resignation.

Details of the settlement agreement are contained in papers filed in the High Court in Pretoria.

Nxasana's attorney held a briefing on Wednesday after his client officially stepped down on Monday but the exact reasons for his resignation are still unclear.

He has been paid out the value of the remainder of his 10-year-contract, which amounts to roughly R17,3 million.

Government also agreed to pay for, and to continue paying his legal fees.

The agreement concludes with Nxasana withdrawing his application to interdict President Jacob Zuma from suspending him after Zuma halted the inquiry into his fitness to hold office.

The document states that the former national director and the president recognise that protracted litigation will not be in the interests of the NPA nor the country.

It also states that the parties are mindful of the public glare brought on by the inquiry, which could have unintended consequences.

It's emerged the prospect of Nxasana's public inquiry becoming an embarrassing spectacle is among the reasons he reached a settlement with government.

According to the papers, Nxasana and Zuma recognised the need for transparency in a democracy, but were also mindful of the unintended consequences of holding a public inquiry.

These are among the reasons cited for opting for an out-of-court settlement, which will see government paying Nxasana those millions.

The agreement is considered a no-fault settlement where neither party concedes or advances contentions in the matter.

This means Nxasana walks away with his professional integrity intact, and the president now gets to choose a new prosecutions boss.

'NXASANA NOT PAID R6 MILLION'

Yesterday, Nxasana's attorney declined to disclose the exact payout his client received after resigning.

Attorney Busani Mabunda said the figure of R6 million reportedly paid to Nxasana following his departure was not accurate but he would not be drawn on the exact figure.

"The settlement is definitely not what you are having. It is not less than what he could have got had he remained in office."

Mabunda also wouldn't elaborate on the reasons for his client's resignation, despite being pressed to do so.

"He is gone; he is no longer employee of the [National Prosecuting Authority] NPA."

He also said his client thanked all NPA staff when he left the office on Friday.