WATCH: Paying back the money a blow, admits Nxasana
Former National Director of Public Prosecutions (NDPP) Mxolisi Nxasana has welcomed the Constitutional Court ruling which declared his removal from office invalid.
The court delivered a scathing judgement on Monday, saying former president Jacob Zuma abused his power when he replaced Nxasana with Shaun Abahrams.
Zuma gave Nxasana R17 million to vacate his office, an agreement which the court declared invalid.
Nxasana has been ordered to pay back a total of R10.7 million,
He told journalists outside the court that repaying the money is a blow.
“It will be tough, it’s not an easy thing to do but we have to work it out because it’s the decision of the court.”
The court accepted his submissions that he agreed to the settlement agreement, after he was placed under duress by Zuma.
But Justice Mbuyiseli Madlanga said it would not be in the interest of the Constitution to re-appoint Nxasana.
ALSO READ: ConCourt: Abrahams appointment constitutionally invalid
Corruption Watch’s David Lewis said they were disappointed in that part of the judgment.
“I think Mr Nxasana was placed under the most acute pressure, I mean it was acknowledged that he was fit and proper for office, and I think it would have been just and equitable to reinstate him in his person."
Lawson Naidoo, the executive Secretary at the Council for Advancement (CASAC), said the judgement is about maintaining the integrity and independence of the National Prosecuting Authority (NPA).
“This is a victory for justice, the rule of law and the Constitution because as for today this court has strengthened that independence of the NPA which hopefully will not be undermined in future.”
President Cyril Ramaphosa has been ordered to appoint a new prosecutions head to replace Abrahams in 90 days.