ConCourt set to hear appeal in NPA golden handshake saga

2018-02-07 19:33
Mxolisi Nxasana (File, City Press)

Mxolisi Nxasana (File, City Press)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Johannesburg – The Constitutional Court is set to hear the appeal in the case involving former National Prosecuting Authority (NPA) head Mxolisi Nxasana and the future of his successor, Shaun Abrahams.

Council for the Advancement of the South African Constitution (Casac) executive secretary Lawson Naidoo confirmed to News24 that the hearing had been set down for February 28.

ALSO READ: NPA appeal papers: This is what Shaun Abrahams said

"We certainly think this [is the end of Abrahams]," Naidoo said.

"I think the NPA has been an institution that has brought itself into disrepute in recent times through its own actions."

Naidoo said he believed the court would come to the same conclusion the high court came to in December.

"The NPA needs a clean-out starting with the National Director of Public Prosecutions... The last few years have been an indication of the rot at the institution."

'Civil society must remain vigilant'

He said it was time for major changes within the NPA, including establishing "a new culture" where ordinary prosecutors who work hard are empowered.

Naidoo said even if there were wholesome changes within the institution, civil society organisations would have to remain vigilant and continue acting as "guardians of the Constitution".

NPA spokesperson Luvuyo Mfaku confirmed it had already filed its appeal papers.


"All that matters is that we have filed our papers and they will be argued in court. We need to respect the court and can't pre-empt court processes," he said.

"We firmly believe that we have prospects of prosecuting this appeal successfully," he said.

President Jacob Zuma filed papers stating the grounds for the appeal, including that the court erred in holding that Zuma, who was found to be "conflicted", was unable to exercise his powers as president in terms of appointing a National Director of Public Prosecutions (NDPP), but that he was able to perform his other functions as president.

New appointment

This was a position not authorised by the Constitution.

Meanwhile, the NPA filed an appeal against the ruling that the appointment of Abrahams was invalid.

"It is respectfully submitted that the court a quo erred in reviewing, declaring invalid and setting aside the appointment of Advocate Shaun Abrahams... as NDPP on the grounds that there was no vacancy in that office into which Abrahams could be appointed," the application argues.

The NPA, however, still wants the settlement agreement between Zuma and Nxasana set aside, and the R17.3m he received paid back.

Freedom under Law, Corruption Watch and Casac went to court seeking an order declaring Nxasana's removal invalid.

Nxasana accepted a golden handshake from President Zuma worth R17.3m and left the NPA in 2015.

On December 8, 2017, the high court ruled that NPA head Abrahams must vacate his seat.

The court further ruled that it would not be just for Nxasana to be reinstated.

The ruling stated that Deputy President Cyril Ramaphosa must appoint a new NDPP within next 60 days.


Read more on:    npa  |  shaun abrahams  |  mxolisi nxasana  |  courts

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.
NEXT ON NEWS24X

Inside News24

 
/News
Traffic Alerts
Traffic
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.