Jiba snubbed me, tried to get dirt on me when I took over NPA - Nxasana
Mxolisi Nxasana accused former acting head of the NPA Nomgcobo Jiba of running a campaign to dig for dirt on him to get him removed from office. He said he had a recording to this effect.
JOHANNESBURG - Former National Director of Public Prosecutions (NDPP) Mxolisi Nxasana said he was snubbed by then acting head of the National Prosecuting Authority (NPA) Nomgcobo Jiba when he commenced his duties in 2013.
On Wednesday, Nxasana told the state capture commission that he was not provided with a handover report or an update of investigations.
This included the racketeering charges Jiba pursued against former KwaZulu-Natal Hawks boss Johan Booysen, which Nxasana said he opposed.
The former NDPP said he told the prosecution team that was pursuing the case against Booysen that there was no evidence in the docket to charge him.
In 2012, Booysen was charged with managing and participating in an enterprise through a pattern of racketeering activity and the court later found there was no merit to the charges.
However, Nxasana stated that when Jiba authorised the racketeering charges, she claimed to have relied on expert advice and pursued the matter despite his reservations about its validity.
Although he did not elaborate on this claim, Nxasana told the commission he was aware that then justice minister Jeff Radebe had promised Jiba that she would rise to the position of NDPP.
‘JIBA TRIED TO GET DIRT ON ME’
He also accused Jiba of running a campaign to dig for dirt on him to get him removed from office. He said he had a recording to this effect.
The former NPA head stated that NPA official Terrence Joubert had written an affidavit supporting these claims.
The recording, which is about eight minutes long and was meant to be played at the inquiry, prompted Jiba’s lawyers to interject, leading to a slight delay in proceedings.
In the recording, Nxasana said Joubert can be heard talking to a Colonel Mhlongo about Jiba’s alleged plan to get rid of Nxasana.
President Cyril Ramaphosa dismissed Jiba recently after the Mokgoro inquiry found she was unfit to hold office.
NXASANA’S GOLDEN HANDSHAKE
The commission also heard that former President Jacob Zuma gave Nxasana a “blank cheque” as a settlement to force him out of office.
Responding to questions from evidence leader Paul Pretorius, Nxasana confirmed that before this offer he had turned down R10 million from Zuma to leave his post.
Although Nxasana told the commission that he never wanted to vacate office and sought that his fitness to hold office be tested by an inquiry, the timeline of events shows that he eventually caved.
In May 2015 Nxasana left his post after having eventually settled for a R17 million payout less than two years after his appointment.
He could not detail the reasons for his ultimate exit from the NPA during the hearings as he had been barred from implicating persons who had not been provided with due notice in line with the commission’s rules ahead of his testimony.
Nxasana was ordered by the Constitutional Court to repay R10 million paid to him as part of his exit settlement after it found the termination of his employment was unconstitutional and invalid.
The rest of the settlement amount constituted taxes.