NPA boss called to account for shoddy maintenance work

FOLLOWING a scathing judgment, National Prosecuting Authority (NPA) head Mxolisi Nxasana has been hauled to court over his staff's allegedly shoddy work in maintenance cases.

In the unusual ruling made last week, the National Director of Public Prosecutions was ordered to appear in the Kempton Park Magistrate's Court today to convince the court why he should not pay nearly R30000 maintenance in a divorce matter of a Johannesburg couple.

If he fails to turn up, the order will be made final and he will have to cough up the money.

This is the second case in the past month in which the courts have lambasted justice officials for failing to do their jobs in maintenance cases.

Last month, the high court in Pretoria ordered the justice minister, the NPA and an ex-husband to "jointly and severally" pay R24500 maintenance to an Mpumalanga woman.

This was after the court found maintenance officers who had dealt with the woman's battle had acted negligently when they repeatedly bungled her case. Similarly, in last week's draft judgment, acting chief magistrate and cluster head for Kempton Park, Daniel Thulare, ordered Nxasana to pay R27800 in arrear maintenance to a Johannesburg woman who had tried to claim it from her ex.

However, unlike the first ruling, Thulare's wrath is directed solely at the NPA, with him describing its functionaries as cold and aloof, its prosecutors as "lackadaisical, if not hostile to their duties", and accusing its senior public prosecutor of shirking his duties in the maintenance courts.

Maintenance officers are prosecutors and fall under the helm of the NPA.

Yesterday, NPA spokesman Nathi Ncube said Nxasana would not attend court, but would send South Gauteng director of public prosecutions, Andrew Chauke, instead. As to whether the NPA would be opposing the matter, Ncube said: "You will find out tomorrow." - Dominic Skelton and Kim Hawkey