The High Court in Pretoria has ordered the President to remove the incumbent National Director of Public Prosecutions, Shaun Abrahams from his role and the new head be appointed, the decision which President Jacob Zuma has indicated he is going to appeal.
Judge President Dunstan Mlambo has ruled that the termination Mxolisi Sandile Oliver Nxasana’s contract as the National Director of Public Prosecutions in 2015 was invalid and the current NPA chief be removed from his position.
The High Court has also found the 17-million rand settlement agreement (‘handshake’) given to Mr. Mxolisi Nxasana before leaving the National Prosecution Agency (NPA) in 2015 was not properly done or not legally valid and has to be returned back into the fiscal.
Mxolisi Nxasana was appointed as the NDPP by President Jacob Zuma effective from 1 October 2013. After a protracted enquiry into his fitness to hold office, Nxasana agreed to step down from his position as NDPP on the 31 of May 2015, effective from the 1st of June 2015.
“The appointment of advocate Abrahams as National Director of Public Prosecutions is declared invalid and set aside. Decisions taken and acts performed by Abrahams in his capacity as the National Director of Public Prosecutions are not invalid merely because of the invalidity of his appointment.”
“The incumbent president may not appoint, suspend or remove the National Director of Public Prosecutions or someone in an acting capacity as such, it is declared that as long as the incumbent president is in office, the deputy present is responsible for decisions relating to the appointment, suspension or removal of the National Director of Public Prosecutions.”
The Presidency has released the media statement announcing the President Jacob Zuma is intending to appeal the judgment
— SA Gov News (@SAgovnews) 8 December 2017