File picture: Phando Jikelo/African News Agency(ANA)
File picture: Phando Jikelo/African News Agency(ANA)

MPs to fix law so suspended NDPP is paid

By siyabonga mkhwanazi Time of article published Oct 27, 2019

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Parliament - A new set of amendments to the law governing the justice system will now force the government to suspend the head of the National Prosecuting Authority with pay and for a period of six months.

This flows from the judgment of the Constitutional Court in August last year that the decision to suspend former NPA head Mxolisi Nxasana without pay for several months by then President Jacob Zuma was wrong.

The court said the suspension should not have exceeded a period of six months. To correct the defect the court ordered Parliament to fix the Judicial Matters Act.

Chairperson of the justice committee Bulelani Magwanishe said the Judicial Matters Amendment Bill would be processed to give effect to the judgment.

He said they must now ensure that the new law is in line with the judgment of the court.

Nxasana was suspended by Zuma and after a protracted tussle he was eventually given a golden handshake of R17million as he was not entitled to the payment. But the court said he must pay back R10m as the other R7m had been taxed by the state.

Zuma appointed Shaun Abrahams in June 2015 after Nxasana left.

The Concourt set aside the appointment of Abrahams last year after it found it was invalid.

Nxasana has given evidence before the Zondo Commission of Inquiry into state capture where he complained about political interference in his work.

Magwanishe said they were given the bill by the department of justice two weeks ago, but they need to start with the work of amending it.

However, he was hopeful they would be able to deal with it and fix the necessary loopholes.

Political Bureau

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