Mxolisi Nxasana: Corruption charges laid against Zuma & Co. - Accountability Now
Paul Hoffman |
21 July 2015
Paul Hoffman says there was no lawful basis upon which the NDPP might have been required to vacate his office and resign
Accountability Now has laid charges of corruption (a contravention of section 9 of PRECCA) and defeating the ends of justice against President Zuma and his Minister of Justice Michael Masutha. The SAPS are investigating the duly registered complaint laid on 20 July and have allocated a CAS number Ocean View 87/7/2015.
Please see email below written by Adv. Paul Hoffman to Mr Mantashe.
Gail Washkansky
Operations Officer, Accountability Now
July 21 2015
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Text of email from Paul Hoffman to ANC Secretary General, Gwede Mantashe, July 20 2015
---------- Forwarded message ---------- From:Paul Hoffman Date: Mon, Jul 20, 2015 at 1:22 PM Subject: Corruption or defeating the ends of justice complaint against the President and the Minister of Justice.
Dear Mr Mantashe,
We refer to our letter of 23 June 2015 addressed to you, a copy of which is attachment “B” to the affidavit that is attached to this email.
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We do not appear to have received any formal acknowledgment or reply, nor has any public explanation of an accountable kind been given for paying a “golden handshake” of R17,3 million to the former NDPP, Mxolisi Nxasana. We have however noted in the press that our said letter was apparently not taken seriously by you. In a Mail and Guardian online report of 24 June 2015 you are reported as saying of and concerning us “they can do what they want to do.”
The affidavit attached supports charges of contravening section 9 of PRECCA or alternatively defeating the ends of justice against the President and the Minister of Justice. We have caused an investigation docket to be opened and have suggested to the SAPS officer commanding the Ocean View police station that the matter ought to be handled by the Hawks due to its nature and the amount of money involved which is over R17,3 million.
We are forwarding to you herewith the substantive content of the docket, excluding forms and formal documents, as a courtesy and so as to keep you abreast of developments in the matter. Kindly acknowledge safe receipt of this email communication.
In order to assist you in better understanding the context of the complaint a copy of an opinion piece carried by the Business Day newspaper on 26 June 2015 is also attached. It conveniently contains the text of the section of PRECCA upon which we rely in making our criminal complaint.
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Yours sincerely
Paul Hoffman
Accountability Now.
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Text of the affidavit submitted by Paul Hoffman to the Ocean View Police Station, July 20 2015
I,the undersigned,
ROBERTPAUL HOFFMAN
do hereby make oath andsay:
1. Iam a senior advocate of the High Court of South Africa andadirector of the Institute for Accountability in Southern Africa which campaigns as
Accountability Now from its offices in House Vincent, Brodie Road, Wynberg,Cape Town. The facts deposed to herein are true and correct and, save where the context indicates otherwise, fall within my personal knowledge.
2. Accountability Nowisanon-profit organisation which seeks to exactaccountability and to promote responsiveness to the needs of ordinary people. A full record of its various activities is located on its websitewww.accountabilitynow.org. za.
3. On 14 May 2015 the President of the Republic of South Africa and the Minister of Justice and Correctional Services concludedawritten agreement with the then National Director of Public Prosecutions ('the NDPP'), Mr Mxolisi Nxasana ('Nxasana'), in terms of which the NDPP agreed to resign his post with effect from 1 June 2015and the President and the Minister agreed that he would, in return, receive payment of the sum of R17 357 233,00'in full and final settlement of all claims of whatsoever nature arising out of his employment...'.
4. A copy of the agreement signed by the NDPP and an unidentified official onbehalf of the President and Ministerisattached to this affidavit, marked'A'.
5. Ithad previously been contended incourtpapers filedby NxasanaintheHigh Court of the Gauteng Division, Pretoria, under case no. 59/60/14, that he was a fit and proper person for office and that no basis presented itself forhissuspensionfromconducting his dutiesasthe NDPP.
6. Itwas subsequently expressly recordedinthe aforesaid settlement agreement'that the President recognises that the NDPP is professional competent, sufficiently experienced and conscientious and has the requisite integrity to holdasenior public position both in-the public and private sector'.
7. As the settlement agreement demonstrates,itwas acknowledgedbythePresident and the Minister that Nxasana wasindeeda fit and proper personto hold office. This is further demonstrated by the fact that the settlementreceivedby Nxasana, in the sum of R17 357 233,00, representstheremuneration which he would have received had he continuedinofficeandcompleted his term.
8. Itfollows from the aforegoing that there was no lawful basis upon whichtheNDPP might have been required to vacate his office and resign.
9. Thisconduct should bereadagainst a background where the NDPP, in thecourseof his dutiesassuch, had issued various instructions regarding investigations and prosecutions which had the potential to cause discomfortto the President or persons closely associated with him.
10. Ithasbeen reported in the media that the NDPP had reacted positively to arequest late last year from thethenhead of the Hawks unit,Mr AnwarDramat, and the independent police investigating director,Mr RobertMcBride, to review decisions taken by the KwaZulu-Natal Director ofProsecutions to withdraw charges against Mr Thoshan Panday,abusinessperson linked to the President's son, Edward, and a relative,DeboMzobe. Itwasfurtherreported that pursuant to this request Nxasana had appointedAdv GerrieNel to reconsider the Panday investigation.
11. It has been further suggested in the media that Nxasana was out of favour because he had permitted the reinstatement of fraud and corruption charges against the suspended police crime intelligence head,MrRichardMdluli.
12. A further report stated that it is rumouredthatNxasana had indicated that he might be receptive to the reinstatement of corruption charges against the President should the pending review application by the Democratic Alliance succeed.
13. Ithas beenformallyrecorded, as set out above,thatNxasana is regardedbythe President and the Ministeras afit and proper person to hold office as the NDPP. The settlement agreement reflectsasmuch.Accordingly, there wasno lawfulbasisfor hisresignation against the payment of the sum ofR17357 233,00.
14. The only inference to be drawn is that the President and the Minister wishedto secureNxasana's resignation for reasons that he had issued instructions regarding investigations and prosecutions, or anticipated doing so, whichwouldcausediscomfort or embarrassment to the President or persons close to him. As such, the settlement agreement with Nxasana was concluded withacorruptintention and s 9 of the Prevention and Combating of Corrupt Activities Act 12 of 2004 has been contravened by the President and the Minister.
15. Accountability Nowaddressed aletterto theSecretaryGeneral of the AfricanNationalCongress on 23June 2015 complaining of the criminalactivitiesofthe President during May and June 2015. A copy of the letter is attached to this affidavit marked 'B'. Itisalso on the website home page.
16. Itis not necessary, pursuant to this complaint, to investigate the crimesmentionedinthe letter attached, marked '8', other than the contravention ofs 9 aforesaid,asthe Judge President of the ·North Gauteng High Court hasalready given directionsinrespect of other matters mentionedinthesaidletter.
17. Mr Mantashehasnot replied either timeously or at all to the letter attachedmarked'B'and the time limitsetinithas expired. He has however let it be knowninthepress that AccountabilityNowshould proceed as itisadvisedtoproceed.
18. This affidavit founds a request thatacharge of contravening s 9 as aforesaid be investigated and it is also the basis for a request that theAssetForfeiture Unit be required toseizethe payment to the former NDPPinterms of its powers.
19. A draft charge sheet is annexed hereto, marked 'C', to facilitatetheexpeditious investigation of the complaint sothat thenecessary docket canbe placed before the Director of Public Prosecutions for the Western Capewithout delay. It is apparent from the -draft that an alternative count of defeating the ends of justice has been included as an alternativeto the maincount of contravening the said section 9.
20. The evidencethat still requires investigationisthe identity and authority of the person who signed the agreement attached marked'A'in Cape Town on behalf of the President and the Minister. It should also be drawn to the attention of the investigating officer that there has never been any reasonable published explanation that properly accounts for the conclusion of the agreement, despite the request for an explanation made in the letter annexed hereto, marked 'B'.
21. Irequestthatthe matter be investigated without delay.