NPA approaches ConCourt to challenge ruling that Shaun Abrahams's appointment was invalid

2018-01-19 15:02
Shaun Abrahams (File, Nico Gous, Netwerk24)

Shaun Abrahams (File, Nico Gous, Netwerk24)

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Johannesburg - The National Prosecuting Authority (NPA) has filed an appeal with the Constitutional Court against a North Gauteng High Court ruling that the appointment of its head Shaun 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 National Director of Public Prosecutions (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 wanted the settlement agreement between President Jacob Zuma and former prosecutions boss Mxolisi Nxasana set aside, and the R17.3m he received paid back.

This application follows President Jacob Zuma also filing a notice of appeal to the Constitutional Court with regards to the case, specifically around the ruling that that the deputy president should appoint a new NDPP.

Zuma's papers state that the grounds for the appeal include that the court erred in holding that Zuma, who was found to be "conflicted", was unable to perform his powers as president in terms of appointing an NDPP, but that he was able to perform his other functions as president. This was a position not authorised by the Constitution.

"The court a quo erred in law in holding to be Constitutionally permissible to have two presidents in the country at the same time and both exercising presidential powers," the papers, which were filed on Thursday, read further.


In December, the High Court ruled that Abrahams must vacate his seat.

Zuma’s pending corruption case resulted in him being "conflicted" in appointing an NDPP, Gauteng Judge President Dunstan Mlambo ruled.

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

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

Freedom Under Law, Corruption Watch and the Council for the Advancement of the South African Constitution (Casac) had gone to court seeking an order declaring Nxasana’s removal invalid.

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

Read more on:    npa  |  jacob zuma  |  shaun abrahams

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