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07 Feb 2015 09:43
NPA boss Mxolisi Nxasana (Paul Botes)
“The inquiry would look at whether the facts and circumstance surrounding his previous convictions were “constant with the conscientiousness and integrity of an incumbent of the office of the National Director of Public Prosecutions”, according to the terms of reference published on Friday.
It would look at the complaints of professional misconduct laid against him by the KwaZulu-Natal Law Society, that he had faced criminal charges for acts of violence and his arrest on criminal charges.
The inquiry would also look at media statements he issued or caused to be issued which undermined the office of the NDPP or the National Prosecuting Authority (NPA).
“[The inquiry will] make findings, report on and make recommendations concerning the matters.
“The terms of reference may be changed or varied at any stage prior to the conclusion of the inquiry as may be required.”
On January 31, Zuma announced that he was going ahead with a probe into Nxasana’s the fitness to hold office.
In August last year, Zuma notified Nxasana that he was considering suspending him pending an inquiry into his fitness to hold office.
Read: JZ ignores damning NPA report
Nxasana filed an urgent application in the High Court in Pretoria in September seeking an interdict to stop Zuma from suspending him before he had been provided with full details of the allegations against him and given a chance to make further representations.
Judge Joseph Raulinga postponed his application indefinitely.
Zuma announced his decision to institute the inquiry on July 5, after reports emerged that Nxasana had apparently not been given a security clearance because of past brushes with the law.
This included being tried for murder around 30 years ago. He was acquitted on the charge based on his version of self-defence.
Zuma said the enquiry would be completed in six weeks from when it starts, and could be extended by himself.
On Thursday, Zuma announced that advocate Nazeer Cassim would chair the inquiry.
He would be joined by additional members advocate Lindi Nkosi-Thomas and advocate Sthembiso Mdladla.
In the terms of reference, Zuma said a report and recommendations would be submitted two weeks after the inquiry ended.
Cassim would determine the rules of the enquiry. –Sapa
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