NDPP inquiry must be open to public and extended to include deputy NDPP

The DA calls on President Zuma to publish the terms of reference for his announced inquiry into the appointment of the National Director of Public Prosecutions, Mr Mxolisi Nxasana, and should immediately extend the terms of reference (to be published) to include a broader enquiry into the fitness to hold office of other Presidential appointees, notably Adv Nomgcobo Jiba and Adv Lawrence Mrwebi.

There has yet to be any stated clarity on the reasons for the launching of this inquiry, whether or not Mr Nxasana will be suspended, and the exact terms of reference.

The DA firmly believes the inquiry must be open to the public if it is to be seen as fair. This is the precedent that was set by the Ginwala Commission of Inquiry into the former NDPP, Adv Vusi Pikoli, and it must be repeated.

We also maintain that is not good enough to simply limit the ambit of this investigation to merely Mr Nxasana alone.

It should also investigate why Deputy NDPP, Adv Jiba and head of the Specialised Commercial Crimes Unit, Adv Mrwebi are still on duty. Adv Jiba and Adv Mrwebi were both discredited by the Supreme Court of Appeals (SCA), for their handling of the General Mdluli case. Adv Jiba was the acting-NDPP at the time.

Adv Jiba was also heavily criticised for her basis of instituting racketeering and other charges against General Johan Booysen and others in the KZN High Court, where her decision was declared to be "irrational" and set aside by the High Court.

Both Adv Jiba and Adv Mrwebi were suspended for their roles in the Jackie Selebi matter, and were brought back into the NPA by Adv Menzi Simelane under questionable circumstances, the basis of which has yet to be disclosed..

Already questions are rightfully being asked as to whether this is a legitimate attempt to investigate the appointment of Mr Nxasana, or a way to silence him given his action taken on a key Zuma ally, General Mdluli. This action taken against him must be seen against the backdrop of Mr Nxasana having given Adv Andrew Chauke a deadline of Monday, 7 July to supply a court date for the re-instatement of charges against General Mdluli relating to the death of Mr Frans Ramogopa, and the fact that the fraud and corruption charges against General Mdluli are actively being considered.

Indeed, the inconsistency in the approach taken by President Zuma with respect to the Advocate Menzi Simelane creates a real suspicion on the real intent of the President. In this instance, the President waited for the Constitutional Court to declare his appointment invalid, following a long legal battle with the DA. At no point was an inquiry instituted, despite clear evidence motivating for one.

If we are to have faith in the reasons of this decision to institute an inquiry, then the President must urgently announce the terms of reference, making it clear that it is open to the public and that it will be a broad investigation into a number of questionable appointments in the NPA.

It is high time we fixed this critical component of our criminal justice system, once and for all.

Statement issued by Mmusi Maimane, DA Parliamentary Leader, July 8 2014

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