FORMER National Prosecuting Authority head Mxolisi Nxasana has accused successor Shaun Abrahams of serving the interests of individuals and being under the spell of his deputy, Nomgcobo Jiba.
Speaking to Justice Malala on ENCA’s Justice Factor on Monday night, Nxasana said that while he was reluctant to cast aspersion on Abrahams, he believed decisions taken by the NPA head, appointed in June last year, left much to be desired.
Nxasana left the NPA with a big golden handshake two years ago, not long after his appointment, evidently as he had fallen out with President Jacob Zuma.
He said his fitness to hold office was questioned after he sent Zuma a memorandum recommending the suspensions of Jiba and Lawrence Mrwebi and that the president institute an inquiry into their conduct.
Two weeks ago, the Pretoria High Court found that Jiba, deputy national director of public prosecutions, and Lawrence Mrwebi, special director of public prosecutions, brought the NPA and the legal profession into disrepute by failing to prosecute former police crime intelligence head Richard Mdluli.
The duo were stripped of their right to practise as advocates.
Under Abrahams’s leadership, the NPA lodged an appeal against a high court decision to reinstate fraud and corruption charges against Zuma.
"Judging by the decision that he (Abrahams) has taken after taking over gives the impression that he is there to serve the interests of individuals.
"These decisions show clearly that he is controlled by Jiba .... As soon as he took over he stopped prosecution against Jiba even though there was a strong prima facie case against her. He then appointed Jiba to a position of a super deputy national director of prosecutions with a responsibility to take all decision of prosecutions in South Africa," Nxasana said.
He said it was clear that the NPA was under the "Jiba-Mrwebi regime", and the two had co-opted all good prosecutors and made them to "take wrong decisions".
Nxasana warned Abrahams to free himself from the Jiba-Mrwebi noose and to take decisions based on correct interpretation of law, without fear or favour.
"He must realise that he is there to serve the public good. At the moment he is not giving a good impression of himself, especially to the members of the public. If he continues like this he will not last very long."
The striking of Jiba and Mrwebi off the roll of advocates presented the NPA with a golden opportunity to cleanse itself, but he doubted this opportunity would be used wisely, said Nxasana.
He said Jiba and Mrwebi boasted that Zuma appointed themj, they had his ear and only he could fire them.
"They both defied me openly and this created a difficult time for us all. It was brought to my attention that Jiba had direct access to the ministers of justice – first Jeff Radebe and later Michael Masutha – and she told me in the face that she would not take instructions from me."
Nxasana said he was keen to clear his name after Zuma’s appointment of a commission of inquiry into his (Nxasana’s) fitness to hold office.
"I personally wanted to go to the inquiry. You see I am a family man, with a wife and children, very young children. Pressure was brought to bear on myself. It was very clear that I wasn’t wanted by the powers that be. I couldn’t keep on fighting them indefinitely, although I stood resolutely until the end.
"The golden handshake was negotiated and it took a long time," he said of his R17m payout.
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