'I don't have it' - former prosecutions head Mxolisi Nxasana on his golden handshake payout

Former prosecutions boss Mxolisi Nxasana has told eNCA in an exclusive interview that he spent the R10m "golden handshake" that the Constitutional Court ordered him to pay back.

When asked by the television channel's Siphamandla Goge if he had the money, he responded: "I don't have it."

"I had to live. I had to earn a living, my brother. I had liabilities and remember, when the money came, I didn't steal it. It was paid into my account. I wasn't working, and I had liabilities I had to see [to]," Nxasana went on to say.

He said he would wait to hear about arrangements to return the money. 

"The ruling doesn't say where I should pay this money and to whom I should pay the money. I shall wait for whoever I'm required to pay back the money to, to approach me and then probably enter into some negotiations."

In 2015, Nxasana received the R17m golden handshake when he left office. After tax, he received R10m.

On Monday, the Constitutional Court declared the appointment of Nxasana's successor Shaun Abrahams as National Director of Public Prosecutions (NDPP) invalid and unconstitutional.

The court found that the decision by former president Jacob Zuma to remove Nxasana from his position was an abuse of power and that Abrahams was a beneficiary of that abuse.

"Mr Nxasana did not resist paying back the money. And nobody has suggested that he should not. Paying back the money is a natural consequence of the declaration of constitutional invalidity of the manner in which Mr Nxasana vacated office," Justice Mbuyiseli Madlanga said in his ruling on Monday.