Why was Nxasana refused access to the Spytapes?
11 July 2014
The DA will seek urgent clarity from both the National Director of Public Prosecutions (NDPP), Mxolisi Nxasana, and his deputy, and former acting NDPP, Adv. Nomgcobo Jiba, on whether or not Mr Nxasana was denied access to the Spytapes when he requested it, and on what grounds (see report).
Furthermore, if he has indeed not been given access to them, in whose possession they are in currently.
It is alleged in the Mail and Guardian today that Mr Nxasana has sought access to the tapes but was denied on the basis of him not having "security clearance".
It was also reported that Directorate for Priority Crime Investigation (the Hawks) raided the residences of NPA employees - including the home of Jiba and Nxasana's predecessor, Vusi Pikoli's, driver - in order to procure the tapes.
The tapes are crucial in determining the reasons on which the NDPP relied when it elected to discontinued the prosecution of Jacob Zuma on the 780-odd charges against him.
The DA has already obtained order from the Gauteng North High Court to compel the NPA to hand over the controversial spy tapes. The DA will soon return to the Supreme Court of Appeal in order to enforce the delivery of the tapes.
I will also submit Parliamentary questions to determine whether senior prosecutors including advocates Sibongile Mzinyathi and Willie Hofmeyr and former NDPP Moketedi Mpshe indeed received "security clearance", because they had no difficulties in accessing the tapes.
Political interference and infighting at the NPA, to date, has left this crucial state institution in a deplorable state with little hope of effectively putting criminals behind bars.
The DA will continue to fight for access to the so called spy take and the impartiality of the National Prosecuting Authority, so that it can truly deliver on its mandate.
Statement issued by James Selfe MP, Chairperson of the DA's Federal Executive, July 11 2014
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