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EXCLUSIVE: 'Spy tapes' saga used to assassinate my career – former NPA boss

Bloemfontein – Former head of public prosecutions Mxolisi Nxasana has told News24 that proceedings in the Supreme Court of Appeal have finally made him understand why he was ousted as head of the National Prosecuting Authority.

Nxasana accepted a golden handshake of R17.3m from President Jacob Zuma and left office in 2015.

Before that, an inquiry into his fitness to hold office was abruptly halted, without any explanation.

He still believes his departure was linked to the corruption charges against the president, with some fearing that he would reinstate them.

"I know that this is the very same matter that was used against me to assassinate my career, also to humiliate me and my family," Nxasana said, just minutes after both Zuma and the NPA’s legal counsels conceded in the SCA that former prosecutions head Mkotedi Mphse had been irrational when he decided to drop corruption charges against Zuma in 2009.

"At the end of the day, I can only make assumptions because these people succeeded in their dirty tricks.

"For them to succeed, I assume they must have made some undertaking and made promises to make the president to believe they were capable of either protecting him or doing anything, which unfortunately didn’t happen.

"And here I am, I am still alive. I am strong," he said.

Also read: Spy tapes: What you need to know

The matter which was brought to court by Zuma and the NPA to challenge a 2016 High Court ruling that charges relating to corruption, fraud and racketeering should be reinstated against the president.

He had argued that the decision was made rationally, while the NPA raised issues of powers, accusing the courts of encroaching on its territory.

'Unprecedented to jump on the bandwagon'

Nxasana questioned his successor Advocate Shaun Abrahams decision to take on the matter.

"It was unprecedented of the NPA to jump on the bandwagon and go as far as the Constitutional Court," he said.

The highest court in the land rejected the bid, pending Thursday’s matter in the SCA.

Read more here: 'Spy tapes': Judgment reserved after Zuma, NPA about-turn

Nxazana added that he felt vindicated by proceedings in the SCA, but held the view that Zuma could make new submissions to the NPA if need be.

"I think nothing stops the person against whom the charges are reinstated to make fresh representations, then depending on those representations, anything can happen," he said.

Advocate Kemp J Kemp, SC, who led Zuma’s legal counsel, told the SCA that all his client wanted was an opportunity to make representations before the NPA.

"At the end of the day, the truth will always prevail, all the time," said Nxasana.

The former NDPP said, although he didn’t want to tell his successor how to do his job or to be seen as trying to rule from the grave, he felt the NPA needed to prosecute any case before it without fear, favour or prejudice.

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