Johannesburg - National Director of Public Prosecutions Mxolisi Nxasana regrets taking one of the hottest seats in the country.
This week Nxasana said he did not have a problem with the inquiry into his fitness to hold office.
“I’m an open book. What is there to hide?”
He said he considered himself fit and proper for the job. “I’m not rubbishing the president’s decision. (But) I don’t see the reason for the inquiry, that’s my view. To me the commission of inquiry does not mean anything.”
But he expressed concern that the matter had dragged on too long.
“(For now) I will work diligently and faithfully until my fate is decided,” said an upbeat Nxasana.
Nxasana’s woes started in July last year when President Jacob Zuma first announced he was going to establish a commission of inquiry to probe if he was fit to hold office.
Earlier this month, the Presidency announced that Zuma was going ahead with the inquiry.
The inquiry was prompted by the State Security Agency not granting Nxasana security clearance because of a murder charge against him in 1985.
The commission of inquiry is expected to begin on May 11.
The 47-year-old said his term as the NDPP ends at the age of 56. The NDPP serves for a period of 10 years. He was appointed to the position in 2013.
Nxasana said he was found not guilty of the murder charge by two judges of the High Court. In addition, he said he has served in the KwaZulu-Natal Law Society for more than 10 years.
“I also led as the president of the KwaZulu-Natal Society. To suggest that I’m not fit to do the job is not true,” he said.
Now Nxasana has for the first time admitted he has misgivings about having accepted the job.
“Taking this position is more like serving the nation. I accepted it because I thought I was objective enough to deal with these issues, but I regret the day I ever accepted this position. Little did I know that by accepting it, I was tapping on other people’s turf.
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Nxasana says he has had to sit down with his children and counsel them after stories about how he’d killed a man as a teenager started making headlines.
Nxasana, a father of seven, said he took a decision to have a heart-to-heart talk with his children when they started asking questions about the media reports.
It was widely reported that he was denied a security clearance because of past brushes with the law, including being tried for murder about 30 years ago. He was acquitted of the charge.
In an interview this week, the bulky, once-beaming Nxasana came over as deflated and crestfallen as he recounted what a traumatic experience this has been for him and his family.
“It wasn’t easy for me to sit down and talk to my children about my past. The sad part was that they had to hear about this for the first time in the media. I remember my 7-year-old son asking his mother, “Is it true that my dad killed a person?” after watching the news on television.
“My 21-year-old daughter was also very upset. I had to explain to them. It was a very difficult thing for me to do.”
Nxasana said all the older family members knew about incident, but his children didn’t. “I don't mind all of this, but for the first time my children came to know about what happened to me when I was young. That was very painful for me,” he said.
Nxasana repeatedly said it was for this reason that he regretted the day he accepted the position as the NDPP. Without naming anyone, he said: “When people are so desperate to embarrass you, then don't even think about the damage that would cause… I accepted the position because I thought it would be my opportunity to serve the nation.
“Little did I know that by accepting it, I was tapping on other people's turf. It looks (as if) I committed a very serious crime.”
He said the past few months had not been easy for him and his family, but he was “still holding up”. He commended his family, friends and staff for the unwavering support they’ve been giving him.
“The support has been overwhelming. I'm very grateful. A lot of people have thrown their weight behind me – even high ranking people. People from Umlazi (from which he hails) have been calling me, wanting to know if I'm coping.
Others just tease me and say “uzoxoshwa wena” (you will be fired). “My wife has been wonderful. I think it’s this kind of support that I have been getting that has helped me cope,” he added.
Even during these trying times, Nxasana said he has had to maintain the image of a father figure at home and the head of the NPA.
“At work I have the responsibility to assure my staff that everything is under control. We have to prosecute,” he said. He admitted that “it doesn't come easily. I really had to be strong because these things cause instability amongst the staff.”
Nxasana said he was “pleased that, in spite of all that is happening”, the NPA was doing well in terms of courts performance.
Recently during the State of the Nation Address (SONA) debate, Justice Minister Michael Masutha said that the NPA's performance “continues to improve in courts; for example, by achieving 94.4 percent conviction rate in complex commercial crimes during the 3rd quarter of the current financial year, and exceeding its target of 93 percent.”
Masutha added: “We… are on course in addressing the leadership challenges currently facing that institution.”
Nxasana said even though there is the issue of the pending commission of inquiry that is yet to get under way, he was still expected to hold planning meetings with his staff. “I'm expected to hold meetings and discuss plans for the future. At the same time I don’t know whether I’ll have a job when these plans are implemented. That’s the most difficult part,” Nxasana said.
Sunday Independent