Court rules NPA's Shaun Abrahams appointment unconstitutional

Head of the National Prosecuting Authority Advocate Shaun Abrahams

The court had come to this conclusion after it found that the termination of then NDPP Mxolisi Nxasana's term of office was not done lawfully and as such Abrahams's appointment as the head of the NPA as well as Nxasana's R17 million "golden handshake" were invalid.

The judge found that this compromised the independence of the office of the National Director of Public Prosecutions, which rendered his vacation of office invalid.

The Constitutional Court is expected to hand down its decision regarding the constitutional invalidity of former National Prosecuting Authority (NPA) boss Mxolisi Nxasana's firing, and Shaun Abrahams' subsequent appointment.

Judge Dunstan Mlambo ordered President Cyril Ramaphosa in December 2017 - while he was still deputy president - to appoint a new head of the NPA after the court declared the post vacant.

The court found that former Zuma did everything in his power to have Nxasana removed from office.

The removal of Mr Nxasana and appointment of Adv Abrahams are constitutionally invalid.
"I am vindicated. The high court made findings about me without hearing me and today I am glad that their decision has been set aside".

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It was revealed in June that Ramaphosa was waiting for the Constitutional Court judgment on Abrahams before making a decision on his position.

"For years there has been instability in the office of the NDPP".

Nxasana has to pay back R10-million to the State and he will not be appointed back into office.

On Monday, the court ordered that Ramaphosa appoint a new NDPP within 90 days of its order.

Both happened on then president Jacob Zuma's watch, at a time when Nxasana had sent the investigation into Zuma's Nkandla home to the Hawks for further investigation, following which then Hawks head lieutenant-general Anwa Dramat was suspended over the alleged illegal rendition of five Zimbabweans.

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