Johannesburg - The National Prosecuting Authority (NPA) and its head, Shaun Abrahams, have confirmed they filed a notice on Friday, indicating their intention to appeal a North Gauteng High Court judgment finding Abrahams’ appointment invalid.
NPA spokesperson Luvuyo Mfaku confirmed the decision to appeal.
"We deem it prudent to record that the order is suspended for a period of 60 days. Advocate Shaun Abrahams, therefore, remains in his position as National Director of Public Prosecutions," he said.
Earlier on Friday, the High Court in Pretoria ruled that Abrahams must vacate his seat.
Gauteng Judge President Dunstan Mlambo further ruled it would not be just for the former prosecutions boss Mxolisi Nxasana to be reinstated and that, due to his pending corruption case, President Jacob Zuma was conflicted in appointing an NDPP.
Mlambo has ruled that Deputy President Cyril Ramaphosa must appoint a new NDPP in the next 60 days.
Mfaku said the stability of the NPA remained important to Abrahams.
"Advocate Abrahams’ appointment brought much-needed stability to the NPA and, under his stewardship, the NPA achieved its best performance over the last two years, since its inception in 1998," he said.
"The stability of the NPA and effective service delivery remain paramount for Advocate Abrahams, who remains committed to ensuring that the organisation continues to execute its mandate without fear, favour or prejudice."
In the papers, filed by the NPA and Abrahams, it is alleged that the court erred in his findings.