ConCourt to rule on Shaun Abrahams’ appointment

Shaun Abrahams
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The Constitutional Court is expected to deliver its judgment on whether or not the appointment of National Prosecuting Authority (NPA) head Shaun Abrahams was lawful.

In February this year, the ConCourt heard an application brought by two NGOs, Corruption Watch and Freedom under Law to confirm two declaratory orders that Abrahams’ appointment was invalid.

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

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

Zuma appointed Mxolisi Nxasana as head of the NPA in 2013. Almost a year later after 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 Shaun Abrahams.

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

The two NGOs now seek confirmation of the High Court ruling by the Constitutional Court, while Abrahams and the NPA seek leave to appeal against the High Court’s order.

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