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Cape Town - Cabinet is considering taking legal action over Judge Chris Nicholson's statements about President Thabo Mbeki and his justice ministers' meddling in the National Prosecuting Authority's (NPA's) decisions.
A statement released on Thursday after a cabinet meeting objected to the judge's conclusions about Justice Minister Brigitte Mabandla and her predecessor Penuell Maduna's political interference.
"Cabinet respects the judiciary and its decisions. However, cabinet does not accept the suggestion that either the president or the executive interfered with the prosecuting decisions of the NPA regarding the prosecution of any person or persons.
"The untested inference that there was political interference with the prosecuting decisions of the NPA in this or any other case is untrue, unfounded and does not hold water," reads the statement.
While Nicholson was critical of what he believed had been a breach of the independence of the office of the national director of public prosecutions and interference from political superiors, cabinet views this differently.
It argues that the constitution and the NPA Act give the minister political oversight over the NPA.
However, cabinet agrees that the minister does not and did participate in decisions about individual prosecutions.
Therefore, cabinet argues that the suggestion that interaction between the minister and the NPA constitutes interference is "incorrect".
- Fin24.com