Mxolisi Nxasana

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Mxolisi Nxasana
Director of National Prosecuting Authority
In office
August 2013 – 2015
PresidentJacob Zuma
Preceded byNomgcobo Jiba
Succeeded byShaun Abrahams
Personal details
Born
Mxolisi Sandile Oliver Nxasana
Alma mater
OccupationAttorney

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 the 31 of May 2015, effective from the 1st of 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 is 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 a court 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]

Legal experience[edit]

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[edit]

  1. ^ 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.
  2. ^ a b c du Plessis, Charl & Basson, Adrian (30 August 2013). "Zuma appoints new NPA, SIU heads". City Press. Archived from the original on 7 July 2014.
  3. ^ Rdm News Wire (31 May 2015). "NPA head Mxolisi Nxasana agrees to step down". Rand Daily Mail.
  4. ^ 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 7 July 2014.
  5. ^ "Nxasana: I'm fit for NPA office". eNews Channel Africa (eNCA). 21 October 2013. Archived from the original on 7 July 2014.
  6. ^ "Zuma denies ordering Nxasana to quit". Dispatch Live (Times Media Group). 4 July 2014. Archived from the original on 7 July 2014.
  7. ^ a b Bailey, Candice (6 July 2014). "Nxasana drinks from poisoned chalice". Independent Online (IOL). South Africa. Archived from the original on 7 July 2014.
  8. ^ Essop, Rahima (4 July 2014). "Nxasana shielded in Parly". iAfrica (Primedia Online). Archived from the original on 7 July 2014.
  9. ^ 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.
  10. ^ a b du Plessis, Charl (6 July 2014). "Nxasana's head is on the block". City Press. Archived from the original on 7 July 2014.
  11. ^ "Zuma announces inquiry into NPA boss Nxasana". Mail & Guardian. 5 July 2014. Archived from the original on 8 July 2014. Retrieved 20 July 2014.
  12. ^ Bateman, Barry. "High Court: Nxasana's termination invalid, new NDPP to be appointed in 60 days". Retrieved 2017-12-14.
  13. ^ "EDITORIAL: An extraordinary judgment". Retrieved 2017-12-14.