Pretoria – The newly appointed head of the National Prosecuting Authority (NPA), Mxolisi Nxasana, says while he will have his work cut out for him, he will prosecute all cases without fear, favour or prejudice.
“I want to assure the members of society, especially the victims of crime, that this is a new dawn for the NPA. I have taken the oath, to prosecute all cases without fear, favour or prejudice,” said Nxasana, who briefed media for the first time since his appointment in Pretoria, on Friday.
He said improving the performance of the NPA will be one of his key focus areas. He listed improving the current financial constraints as one of his biggest challenges.
Nxasana, who is an attorney, served as chair of the KwaZulu-Natal Law Society before being appointed by President Jacob Zuma at the end of August.
The NPA, established under Section 179 of the Constitution, has the authority to institute and conduct criminal proceedings on behalf of the state.
The NPA was placed under scrutiny when it did not have a permanent director since 2011.
Nxasana, who acknowledged that he needs to hit the ground running, said he had noted the concerns raised by the general public about the decisions of the NPA and the negative perceptions.
“I will work tirelessly to change perceptions,” he said, adding that it was unfortunate that the good work of prosecutors was being overshadowed by a few negative cases.
He said the work of the NPA had improved tremendously and that prosecutors were excelling in the lower courts.
He would meet with all prosecutors before the end of the year.
Nxasana requested that he be given the necessary time and space before being judged. “I can say a million words, but it has to be put into practice. I will have to earn the confidence of the public.”
The fight against crime cannot be won alone and he asked for the public to work with the justice system.
“We need the public to rid of the crime. Criminal activities take place within the communities and members of the public are there and they know who commits crime. If they do not report crime, obviously it will make it difficult for us to prosecute.”
Nxasana said his decision to appeal against a court decision ordering the SAPS to reinstate criminal charges of corruption, murder and kidnapping, and disciplinary steps, against suspended crime intelligence boss Richard Mdluli were based on prosecutorial independence.
He said that if the judgement was left unchallenged, it would have “serious consequences” for the NPA.
Last month, Pretoria High Court Judge John Murphy ordered the reinstatement of fraud, corruption and murder charges against Mdluli – related to crime intelligence monies and a 1999 murder linked to a love triangle – which had been controversially withdrawn towards the end of 2011.
Mdluli was initially suspended in early 2011, but returned to work after the criminal charges were dropped only to be suspended again in early 2012 following the court challenge by lobby group Freedom Under Law.
Nxasana urged the public to have trust and confident in the NPA’s decisions and assured that he would take action against any employee who acted unlawfully should that be proven.
“Obviously, if the members if the NPA acted unlawfully, I will act,” he said.
Asked about the Glynnis Breytenbach case, Nxasana undertook to give himself enough time to look into the matter and apply his mind. He said the matter had been going on for a long time and that he would make his decision public and supply cogent reasons. – SAnews.gov.za
