Johannesburg - Corruption Watch and Freedom Under Law are going to court for a review of former National Director of Public Prosecutions (NDPP) Mxolisi Nxasana’s R17 million settlement agreement signed with President Jacob Zuma.
The two public-interest organisations believe that the agreement, whose third signatory was Justice Minister Michael Masutha, was illegal and unconstitutional, and want it declared unconstitutional.
The organisations have sought an order that Nxasana refund the money paid to him in terms of the agreement,and they want the agreement declared invalid and set aside by the high court in Pretoria.
The agreement provides for the payment of the R17.3m to Nxasana in lieu of his agreement to relinquish his post.
It was also to secure the withdrawal of his court action against Zuma and Masutha.
“The settlement resulted in clear contraventions of the National Prosecution Act, 32 of 1998 and the Public Finance Management Act,” the organisations said on Thursday.
The act, they said, provided limited grounds for the removal or resignation of an NDPP and didn’t make provision for the type of settlement agreement concluded between Nxasana and the president.
The two said the president was in jeopardy of prosecution under charges withdrawn previously by an acting NDPP, and which could be reinstated.
They explained that they considered any decision by the president to appoint or remove an NDPP to be a breach of his duties under section 92(2)(b) of the constitution.
“The section provides that the president is not to act in a manner which exposes him to any situation involving the risk of a conflict between his official responsibilities and his private interests.”
The organisations have submitted that Nxasana should hold the office of the NDPP and that, due to the president’s conflict of interest, his recent appointment of Shaun Abrahams as NDPP was also illegal.
Corruption Watch and Freedom Under Law are committed to supporting the criminal justice system and the National Prosecuting Authority, and are therefore deeply concerned about the flagrant disregard of national legislation, including constitutional provisions.
They say there has been an abuse of public power and the creation of unlawful precedent relating to the removal and appointment of the NDPP, a position which has been plagued with controversy.
The Star