High Court ruling on Shaun Abrahams 'a serious judicial over-reach' – MKMVA

2017-12-09 11:58
Shaun Abrahams (Nico Gous, Netwerk24)

Shaun Abrahams (Nico Gous, Netwerk24)

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

Pretoria - The Umkhoto we Sizwe Military Veterans Association (MKMVA) has described a High Court ruling which found the appointment of NPA Head Advocate Shaun Abrahams invalid, as a "serious judicial over-reach". 

In a statement released on Saturday, the association said the decision came "perilously close to a judicial coup" against President Jacob Zuma, a democratically elected president.

On Friday, a full bench in the North Gauteng High Court - comprising Gauteng Judge President Dunstan Mlambo, Judge Natvarlal Ranchod and Judge Willem van der Linde handed down a judgment which found that Abrahams must vacate his seat.

The judgment was a result of an application lodged by Freedom Under Law, Corruption Watch and the Council for the Advancement of the South African Constitution (Casac) who gone to court seeking an order declaring former National Prosecuting Authority boss Mxolisi Nxasana's removal invalid.

The applicants also wanted to challenge a R17.3m golden handshake Zuma had offered Nxasana to vacate his office. He was replaced by Abrahams.

Ruling 'intended to favour the candidacy of the Deputy President'

While handing down the judgment, Mlambo ruled that it would not be just for Nxasana to be reinstated and that, due to his pending corruption case, Zuma was conflicted in appointing a National Director of Public Prosecutions.

The court ruled that Deputy President Cyril Ramaphosa should appoint a new NDPP in the next 60 days.

The MKMVA however, believes that the court's decision to grant Ramaphosa this new responsibility was done with the intention of influencing the outcome of the upcoming presidential elections.

"This was done despite the fact that there is no provision in the Constitution for the Deputy President to be simply appointed to take over this important duty of the President.

"There can be no doubt that this ruling both in its content and timing is intended to favour the candidacy of the Deputy President.

"In having done so the justices have compromised the judiciary, and undermined the independence of the judiciary as one of the three critical pillars that must uphold our constitutional democracy."

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

Before that, an inquiry into his fitness to hold office was abruptly halted without explanation.

The organisations wanted his removal set aside and the golden handshake repaid.

During the hearing in November, the court heard that Zuma tried to "bully" Nxasana out of office by using an inquiry into his fitness.

The MKMVA has described the court's decision as flying in the face of the legal maxim that every citizen is innocent until found guilty by a court of law.

"It must be pointed out that President Zuma has not been found guilty of any crime at all, yet with this outrageous decision the Northern Gauteng High Court behaves towards him as if he is already found guilty and sentenced.

"In effect the court is saying that President is to be stripped off his rights as a citizen and Head of State."

Zuma, Shaun Abrahams as well as the NPA have all announced their intentions to appeal the ruling.

Read more on:    npa  |  mkmva  |  jacob zuma  |  shaun abrahams

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.

Inside News24

Traffic Alerts

Jobs in Cape Town [change area]

Jobs in Western Cape region

Audit Senior / Bookkeeper to Trial Balance

Cape Town Southern Suburbs
Placement Point (Pty) Ltd
R15 000.00 - R21 000.00 Per Month

Sales Representative- Knysna

George - Knysna
George Employment Consultants
R15 000.00 Per Month Per Month

Key Accounts - IT

Southern Shore Recruitment
R15 000.00 - R25 000.00 Per Month

Property [change area]

There are new stories on the homepage. Click here to see them.


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.


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.