The Constitutional Court has declared the appointment of National Prosecuting Authority (NPA) head Shaun Abrahams unconstitutional.

Abrahams was appointed after the removal of his predecessor Mxolisi Nxasana.

The Constitutional Court has found that the settlement of R17.3 million to Nxasana was invalid and that he should pay back R10.3 million to the National Prosecutions authority.

The court has also directed that President Cyril Ramaphosa appoint a new NDDP within 90 days.

Current NPA head Shaun Abrahams’ appointment has also been declared invalid because the dismissal of his predecessor Nxasana was unconstitutional.

Justice Mbuyiseli Madlanga read out the unanimous judgement:

Former President Jacob Zuma appointed Nxasana as head of the NPA in 2013. Almost a year later Nxasana had a fallout with the senior leadership of the NPA.

Zuma instituted a commission of inquiry into his fitness to hold office.

After a legal battle, Zuma and Nxasana reached a settlement which saw Nxasana vacate office with a golden handshake of R17.3-million paving the way for the appointment of Abrahams.

Corruption Watch and Freedom under Law successfully challenged the legality of the termination of Nxasana’s appointment and the settlement payment in the High Court.

The High Court in Pretoria declared last December that Zuma had acted unconstitutionally by terminating Nxasana’s appointment as the then National Director of Public Prosecutions and replacing him with Abrahams.

Abrahams and the NPA were appealing against the order setting aside his appointment.

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