Dear Portfolio Committee on Justice and Constitutional Development,

On 13 August 2018, the Constitutional Court ruled in Corruption Watch NPC and Others v President of the Republic of South Africa and Others [2018] ZACC 23 that the settlement agreement that former President Zuma and the Minister of Justice and Correctional Services had entered into and signed with Mr. Nxasana, dated 14 May 2015, was constitutionally invalid.

It further ordered that Mr. Nxasana “repay forthwith to the State the sum of R10 240 767. 47, among others. Given this, including order number 6 of the judgement, kindly clarify the following (Judgement attached for easier reference). I therefore want to know if NPA can address the following:

1. Whether/not Mr. Nxasana has paid the full amount per the ConCourt order?
2. If the amount has not been paid to date, is there an existing repayment agreement between the NPA and Mr. Nxasana to recoup the money paid to him as per the order mentioned above?
3. If such an existing repayment agreement is in place, how much has been paid to date, and how much is outstanding of the total amount of R10 240 767, 47?
4. Is NPA in a position to share the terms of the said repayment agreement with the public?
5. If there is no repayment agreement in place between the NPA and Mr. Nxasana, and the amount is still outstanding, why has the NPA not made any attempts to ensure that the ConCourt order referred to is realised and closed out? If there are attempts, what are the details thereof?
6. If no attempts have been made by the NPA to recover the said money and thereby ensure compliance with the said order, and that Mr. Nxasana has made no attempt to comply with the said order – is Parliament/NPA in agreement with the view that his failure to comply with that order is a contempt of court? If you do not agree with that view, why is that so?
7. If you agree with the view that such non-compliance by Mr. Nxasana is a contempt of court order, has NPA/Parliament taken any steps to ensure that appropriate actions are taken against individuals (and in this case Mr. Nxasana) whose actions (or lack thereof) are in contempt of court order, and what are those steps?
8. If none, why is that so?

The NPA has to for more than a year to date ignored the above enquiry.