National Director of Public Prosecutions Mxolisi Nxasana
The Presidency confirmed that it had stopped the inquiry into the fitness of National Director of Public Prosecutions Mxolisi Nxasana to hold office on Monday, and said the two parties were ''engaging''.
''The president is currently engaging with Mr Nxasana with a view to taking decisions which are in the best interest of the National Prosecuting Authority (NPA), Mr Nxasana and the country at large,'' the Presidency said in a statement.
''The Presidency will communicate the outcome of such deliberations once they have been finalised, mindful of the need for certainty and confidence in the NPA.''
The inquiry, which was to have been chaired by advocate Nazeer Cassim, and supported by advocates Lindiwe Nkosi-Thomas SC and Sthembiso Mdladla SC, was called off abruptly even though sound and lighting equipment and seating had already been set up.
"The chairperson received a call from the Presidency last night to say it must not go ahead," inquiry spokesperson Andile Tshona told News24 on Monday morning.
He could not provide reasons for the decision.
The NDDP's spokesperson Velekhaya Mgobhozi would only say by text message that Nxasana was at work, and referred further inquiries to the Presidency.
Nxasana's appointment was announced on August 30, 2013, effective from October 1, 2013, but less than a year later reports emerged that he had allegedly not disclosed that he had been acquitted of murder in 1985. He had also reportedly not received his security clearance.
The terms of reference of the inquiry said that certain facts had come to light that raised "real and important questions regarding Mr Nxasana's fitness and propriety to hold office".
These included:
- His two previous separate convictions of assault;
- The complaints of professional misconduct laid against him with the KwaZulu-Natal Law Society;
- His having faced criminal charges for acts of violence;
- His arrest and detention on criminal charges;
- Issuing and/or making media statements and/or causing media statements to be issued that undermine or bring the office of the NDPP or the National Prosecuting Authority into disrepute;
- Any other matters as may be relevant.
The Mail & Guardian reported that in 1985 he was charged with killing a man, and was acquitted in 1986.
The Sunday Times also reported that Joyce Khumalo, a former girlfriend of NPA head Nxasana laid an assault charge against him in 1986 because he allegedly beat her up.
The Sunday Times also reported that he had been charged with reckless and negligent driving and resisting arrest and was fined R2 000 for misconduct by the law society.