Nxasana willing to repay 'golden handshake' and return to work
The former National Director of Public Prosecutions (NDPP) Mxolisi Nxasana is willing to repay his resignation settlement and return to his post as head of the NPA, should a court order him to do so.
Nxasana filed an explosive affidavit to the High Court in Pretoria in response to applications seeking to have the settlement agreement between him, President Jacob Zuma and the Minister of Justice declared unlawful.
Three organisations - Corruption Watch, Freedom Under Law, and the Council for the Advancement of the South African Constitution - initially approached the court.
The organisations want the court to review and set aside, both the R17.3 million settlement as well as the agreement - which they believe was unconstitutional.
Nxasana's affidavit
The former top prosecutor's affidavit does not oppose the application by CW, FUL and CASAC.
Nxasana claims his subordinates - the National Deputy Director, Advocate Nomgcobo Jiba and the Special Director: Commercial Crimes Unit, Advocate Lawrence Mrwebi - undermined his relationship with President Zuma.
"It is alleged that Jiba and Mrwebi sought to influence the president by informing him that Nxasana intended to reinstate criminal charges against the president," CW and CASAC says in a statement.
783 charges of corruption, fraud and racketeering were withdrawn against the president in 2009 amid claims of political interference.
The High Court in Pretoria has sinced ordered the NPA to reinstate the charges under Nxasana's successor Shaun Abrahams.
Jacob Zuma lied under oath
Nxasana further claims to never have requested to be relieved of his duties, as stated by the president.
"Nxasana indicates that that on several occasions, both verbally and in writing, he informed the president and the minister of justice that he did not want to leave the office," the statement reads.
This claim directly contradicts an affidavit by the president, which reads: "Section 12(8) of the NPA Act provides that the NDPP may request to vacate his or her office for any reason which the president deems sufficient. Nxasana made the request to me to vacate his office."
Nxasana futher claims President Zuma's lawyer, Michael Hulley, approached him after CW, FUL and CASAC filed their application.
He says it was 'evident' that Hulley wanted him to say - under oath - that he did in fact request to leave his office.
"I advised Mr Hulley that I was not prepared to make that statement since that was not what had occurred factually. I reminded him that I was an officer of this Court and that I would not mislead the Court," Nxasana says in his affidavit, according to a statement by the organisations.
The organisations meanwhile agree with Nxasana's version of events, saying the president has so far failed to provide any evidence that Nxasana requested to leave his office.
The organisations are now waiting for the court to set a date for the hearing.