ConCourt rules #ShaunAbrahams's appointment as NPA head invalid

Mxolisi Nxasana speaks to the media after the Constitutional Court ruling on 13 August 2018

South Africa court declares appointment of state prosecutor by ex-president Zuma 'invalid'

Abrahams's appeal had stalled this process and it was revealed in June this year that Ramaphosa was waiting for the court's judgment on Abrahams before making a decision.

The apex court heard in February an application seeking to confirm two declaratory orders of constitutional invalidity and an application seeking leave to appeal a High Court ruling that found that Abrahams's appointment was illegal.

- Barry Bateman, EWN reporterMadlanga found that Nxasana was effectively bought out, which compromised the independence of the office of the NDPP.

Meanwhile, former National Director of Public Prosecutions, Mxolisi Nxasana says he is disappointed that the court did not reinstate him to his former position. Not one national director of public prosecutions has successfully completed their 10-year term.

Madlanga added that it would not be in the interests of stability at the NPA for Nxasana to be reappointed into his position, as he may well face an inquiry into his fitness to hold office for accepting a "golden handshake" worth R17.3-million from former president Jacob Zuma.

Judge Mbuyiseli Madlanga found that the manner in which former prosecutions boss Mxolisi Nxasana vacated office was invalid and therefore it had a knock-on effect on Abrahams' appointment.

"Zuma's removal of Nxasana was an abuse of power".

Ngcuka's biggest mistake was announcing his intention to investigate then deputy president Jacob Zuma for possible corruption in the multibillion-rand arms deal.

The court further directed President Cyril Ramaphosa to appoint a new NPA boss within 90 days. That removal was an abuse of power.

In December, Corruption Watch, Freedom Under Law, and the Council for the Advancement of the SA Constitution (Casac) challenged the legality of the termination of Nxasana's appointment and the R17.3 million settlement in the High Court in Pretoria.

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