ConCourt: Abrahams appointment constitutionally invalid
The Constitutional Court has found the appointment of Shaun Abrahams as the National Director of Public Prosecutions (NDPP) by former President Jacob Zuma to have been unconstitutional.
The highest court in the land upheld the decision of the lower courts that the removal of Abrahams' predecessor, former prosecutions head Mxolisi Nxasana, was unconstitutional and unlawful.
Abrahams was appointed as the head of the NPA after former prosecutions head Mxolisi Nxasana was induced to leave the office by Zuma through a R17 million golden handshake.
The lower courts found that the golden handshake unconstitutional.
The Constitutional Court agreed on Monday - with the scathing judgment saying Zuma bought Nxasana through the deal.
Justice Mbuyiseli Madlanga said former President Zuma was bent on getting rid of Nxasana by every means.
"This entire started because former president Zuma overtly made all in sundry believe that he had a bases for holding a view that Mr. Nxasana was no longer fit to hold office," Madlanga ruled.
He added that the manner in which Nxasana vacated office is constitutionally invalid and this will impact on Abrahams' future as head of the NPA.
"The appointment of Advocate Abrahams is also continually invalid."
Abrahams was appointed as the head of the NPA after former prosecutions head Mxolisi Nxasana was induced to leave the office by Zuma through a R17 million golden handshake.
The lower courts found that the golden handshake unconstitutional.
The Constitutional Court agreed on Monday - with the scathing judgment saying Zuma bought Nxasana through the deal.
Justice Mbuyiseli Madlanga said former President Zuma was bent on getting rid of Nxasana by every means.
"This entire started because former president Zuma overtly made all in sundry believe that he had a bases for holding a view that Mr. Nxasana was no longer fit to hold office," Madlanga ruled.
He added that the manner in which Nxasana vacated office is constitutionally invalid and this will impact on Abrahams' future as head of the NPA.
"The appointment of Advocate Abrahams is also continually invalid."
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