National Director of Public Prosecutions in South Africa
Mxolisi Sandile Oliver Nxasana was the National Director of Public Prosecutions (NDPP) in South Africa , the head of the National Prosecuting Authority . In August 2013 he was appointed NDPP by President Jacob Zuma effective from 1 October 2013.[ 1] [ 2] After a protracted enquiry into his fitness to hold office, Nxasana agreed to step down from his position as NDPP on 31 May 2015, effective from 1 June 2015.[ 3]
Nxasana has a MA in Philosophy from the University of Durban-Westville , a B.Proc degree from the University of Zululand and completed his LLB qualification at the University of the Witwatersrand in 1995.[ 4] Prior to his appointment as NDPP, he was a practising attorney in KwaZulu-Natal .[ 1] [ 2]
Despite delays in being issued security clearance for the NDPP position, Nxasana maintained that he was fit for the office.[ 5] His security clearance was eventually denied for failing to disclose that in 1985 he had been tried on a murder charge, of which he was acquitted on grounds of self-defence .[ 6] [ 7] [ 8] He did however declare two convictions for assault.[ 9] [ 10] On 5 July 2014, President Zuma announced an inquiry to determine whether Nxasana was fit and proper to hold office in terms of section 12(6)(a)(iv) of the National Prosecuting Authority Act, 1998 .[ 7] [ 10] [ 11]
In December 2017, the High Court of South Africa ruled that the termination of Nxasana's contract as NDPP had been invalid, and that he had to repay a R17 million payment he received on leaving the post.[ 12] It was held that Nxasana should have known the payout was unlawful.[ 13] This order was confirmed in the Constitutional Court of South Africa in Corruption Watch v President .
Legal experience
Nxasana's legal experience includes:[ 4]
1994–1996: Joined Ngubane & Partners in Durban as a candidate attorney and served articles of clerkship
1997: Admitted as attorney of the High Court of South Africa
2001: Appointed member of the Board of Control for the School for Legal Practice, Durban
2007: Served as a member of the focus working group responsible for the drafting of the Legal Services Charter
2007: Appointed member of a KwaZulu-Natal Department of Health Tribunal, to investigate the circumstances that led to a strike by nurses
2011–2012: Appointed President of the KwaZulu-Natal Law Society[ 1] [ 2]
2012: Appointed Chairperson of the Durban branch of the South African Black Lawyers Association
References
^ a b c Hartley, Wyndham (30 August 2013). "Zuma names new heads for NPA, Special Investigating Unit" . Business Day . Archived from the original on 1 September 2013. Retrieved 20 July 2014 .
^ a b c du Plessis, Charl & Basson, Adrian (30 August 2013). "Zuma appoints new NPA, SIU heads" . City Press . Archived from the original on 24 October 2013.
^ Rdm News Wire (31 May 2015). "NPA head Mxolisi Nxasana agrees to step down" . Rand Daily Mail .
^ a b "Profiles of the new NDPP and SIU Head: Curriculum Vitae: Mxolisi Sandile Oliver Nxasana" . The Presidency, Republic of South Africa. August 2013. Archived from the original on 14 July 2014.
^ "Nxasana: I'm fit for NPA office" . eNews Channel Africa (eNCA) . 21 October 2013. Archived from the original on 14 July 2014.
^ "Zuma denies ordering Nxasana to quit" . Dispatch Live (Times Media Group) . 4 July 2014. Archived from the original on 14 July 2014.
^ a b Bailey, Candice (6 July 2014). "Nxasana drinks from poisoned chalice" . Independent Online (IOL) . South Africa. Archived from the original on 14 July 2014.
^ Essop, Rahima (4 July 2014). "Nxasana shielded in Parly" . iAfrica (Primedia Online) . Archived from the original on 9 July 2014.
^ Hofstatter, Stephan; wa Afrika, Mzilikazi; Tromp, Beauregard (8 June 2014). "Conflict escalates at NPA as boss allegedly linked to murder case" . Sunday Times . Archived from the original on 5 July 2014. Retrieved 20 July 2014 .
^ a b du Plessis, Charl (6 July 2014). "Nxasana's head is on the block" . City Press. Archived from the original on 10 July 2014.
^ "Zuma announces inquiry into NPA boss Nxasana" . Mail & Guardian . 5 July 2014. Archived from the original on 8 July 2014. Retrieved 20 July 2014 .
^ Bateman, Barry. "High Court: Nxasana's termination invalid, new NDPP to be appointed in 60 days" . Retrieved 14 December 2017 .
^ "EDITORIAL: An extraordinary judgment" . Retrieved 14 December 2017 .