ANC reacts to court setting aside Abrahams appointment

Lester Mason
December 8, 2017

Shaun Abrahams's appointment as NDPP has been reviewed and set aside.

After first refusing to resign, he left he NPA in June 2015 in exchange for a R17-million golden handshake, which the court on Friday ordered he should be made to repay.

This would place the NDPP on the spot, and under those circumstances President Zuma should not be allowed to appoint the NDPP, they said.

The court instructed Zuma's deputy, Cyril Ramaphosa, to appoint a new prosecutions boss within the next 60 days.

Freedom under Law (FUL), Corruption Watch (CW) and the Council for the Advancement of the South African Constitution (CASAC) had gone to court seeking an order declaring Nxasana's removal invalid.

Highly placed sources within the National Prosecuting Authority and security cluster told City Press in October that huge pitfalls in the way of a successful prosecution included the fact that the top prosecutor initially involved in the case, Advocate Billy Downer, will no longer be able to participate. Zuma then appointed Mxolisi Nxasana, who showed his independence when he moved to suspend Jiba for her handling of several high profile cases. The assertion was that Zuma merely agreed to Nxasana's request and that the appointment of Abrahams was therefore lawful and regular.

But because President Jacob Zuma is facing criminal prosecution himself and is conflicted, he may not appoint the new NDPP.

The court found a settlement agreement with Abrahams's predecessor Mxolisi Nxasana was irregular.

Mlambo also said the termination of Nxasana should be declared unconstitutional, but that to automatically reinstate him would also be unlawful as he had acted recklessly in accepting the golden handshake.

"We trust that whatever decision taken will be in the interest of the administration of justice, the NPA and the country as whole", ANC spokesman Zizi Kodwa said in an emailed statement.

Other reports by Iphone Fresh

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