NPA supports Abrahams bid to stay on as prosecutions boss
The National Prosecuting Authority (NPA) and National Director of Public Prosecutions (NDPP), Advocate Shaun Abrahams, will approach the Constitutional Court in an attempt to set aside a judgement that declared his appointment unconstitutional.
The North Gauteng High Court found the Abrahams' appointment was unlawful and must be set aside.
Freedom Under Law (FUL) had approached the court to have the R17-million departure pay-out received by Abrahams' predecessor, Mxolisi Nxasana, declared invalid.
Judge Dunstan Mlambo ruled the termination of Nxasana's contract to have been invalid and ordered him to that pay back the R17 million.
Mlambo said the court doesn't believe Nxasana should be reinstated, but that the position should be left vacant until another appointment is made.
ALSO READ: NPA boss to vacate office, Ramaphosa to appoint successor
The court also believed the appointment cannot be made by President Jacob Zuma, as he is facing possible criminal charges and is therefore conflicted.
The NPA's Luvuyo Mfaku says the appeal rests on the fact that Abrahams was appointed into a vacanct position.
ALSO READ: NPA boss to vacate office, Ramaphosa to appoint successor
"He was appointed in a vacant position. Before his appointed there was someone acting in the position. He succeed when he was appointed permanently. Our main argument is that the position was vacant and therefore it is incorrect of the court to set aside his appointment on the basis there was no vacancy."
Abrahams, in his affidavit, says it is unfair for the court to find that he sided with Zuma on Nxasana's removal.
Mlambo ruled that a new NDPP be appointed by Deputy President Cyril Ramaphosa within 60 days.