Nxasana commission gets off the ground

Monday, May 11, 2015

Pretoria - The inquiry established to look into the fitness of National Director of Public Prosecutions (NDPP), Mxolisi Nxasana, to hold office starts today in Centurion.

President Jacob Zuma established the inquiry in terms of section 12 (6) of the National Prosecuting Authority Act, 1998 (Act 38 of 1998), which states that any person appointed a NDPP must be “a fit and proper person, with due regard to his or her experience, conscientiousness and integrity to be entrusted with the responsibility of the office concerned".

The inquiry will be chaired by Advocate Nazeer Cassim who will be supported by Advocate Lindi Nkosi-Thomas and Advocate Sthembiso Mdladla.

Nxasana was appointed to the position in October 2013. His fitness to hold office came under question after it emerged he did not have the required security clearance for the post and revelations of a 1985 murder case and a reckless driving charge. He was acquitted on murder charges.

According to the terms of reference, the inquiry is to investigate, among others:

  • two previous separate convictions of assault;
  • the complaints of professional misconduct laid against him with the KwaZulu-Natal Law Society;
  • having faced criminal charges for acts of violence;
  • 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; and
  • any other matters that may be relevant.

The inquiry is expected to be completed in six weeks from the date of commencement.

However, President Zuma can extend it if necessary.

A report of its work must be completed two weeks after the inquiry completes its work. - SAnews.gov.za