Justice Minister fails to make submissions to Nxasana Inquiry

06 April 2015

The DA is in possession of a ruling by Adv Nazeer Cassim SC confirming that the Minister of Justice and Correctional Services, Mike Masutha, has failed to make submissions to the Nxasana Inquiry after being mandated to do so. One must remain mindful that this is a Commission set up by the President.  His Minister has failed to meet the scheduled date of submission, which only serves to further prejudice the sitting National Director of Public Prosecutions, Mxolisi Nxasana.

Advocate Nazeer Cassim SC was appointed as the Chairperson of the Inquiry along with two additional members, advocate Ms Lindi Nkosi-Thomas SC and advocate Stembiso Mdladla. A first meeting of the Inquiry was held on 26 February 2015 to set the timetable.

Inter alia one of the directives issued was that the Minister of Justice and Correctional Services, Mike Masutha, was required to file his submissions.

The ruling confirms that the "Minister was required to file his submissions by 27 March 2015" and that "the Minister has to date not filed his submissions." As such and in the interest of justice Adv Cassim has now had to extend the deadline to 20 April 2015 by which the Minister must make full submissions to the Inquiry.

Just yesterday deputy National Director of Public Prosecutions, Nomgcobo Jiba and Commercial Crimes head, Lawrence Mwrebi were slated by the Bar Council who believe that they are both an embarrassment to the legal profession and should be struck off the Roll of Advocates and suspended from their current posts. This is just the latest indictment in a laundry list of offences these individuals have inflicted on the National Prosecuting Authority (NPA).

I will therefore write to Minister Masutha urging him to submit that Ms Jiba, and Mr Mwrebi, be included in the Inquiry once and for all.

If the Minster is at all serious about restoring the credibility of the NPA he will, by 20 April 2015, make full submissions about all those that are the agents of rot at our Prosecuting Authority.  

This is an issue of enormous public interest for which Minister Masutha seems not to care. Mr Nxasana is entitled to a speedy outcome as is the NPA.  The current climate of uncertainty does not bode well for the functioning of our criminal justice system.

Statement issued by Adv Glynnis Breytenbach MP, DA Shadow Minister of Justice, April 6 2015

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