Freedom Under Law legal representative Wim Trengove says National Director of Public Prosecutions Shaun Abrahams should not be allowed to take a decision on whether to prosecute former President, Jacob Zuma.
He has requested the Constitutional Court sitting in Johannesburg not to deviate from the North Gauteng High Court decision nullifying his appointment by former President Zuma.
Trengove says that Abrahams benefited unlawfully as he took his job while there was no vacancy for an NDPP.
He says he is aware that this could lead to further delays on the matter.
“There is no legal or moral claim justifying his insistence to stay in office when his very appointment was the product of the President’s abuse of power. On the contrary we would submit with respect that when a court finds that the appointment of an NDPP was made by the President, by the abuse of his own powers – then an NDPP would not want to maintain and retain that appointment, which was brought about an unlawful abuse of power.”