Following Friday’s decision by the North Gauteng High Court to remove the head of the National Prosecuting Authority (NPA), the Presidency announced that President Jacob Zuma would appeal the judgment.
“Whilst the President awaits a full briefing on the judgement, he has been advised that an early assessment displays, with respect, various grounds upon which a successful appeal may be prosecuted,” the Presidency said in a statement on Friday.
“The National Prosecuting Authority is an important institution in our constitutional democracy, appointments in respect of which are not made lightly.
“Together with judges, who likewise are appointed by the President, the National Director of Public Prosecutions plays a vital role in the criminal justice system. Minded by the principle of the separation of powers, constitutional legality and the rule of law, the judgement will be appealed.”
The full bench of the high court ruled that NPA boss Shaun Abrahams’ appointment as the National Director of Public Prosecutions (NDPP) had been unlawful. The court ruled that it would not be just to reinstate former prosecutions boss Mxolisi Nxasana to his position and declared the position vacant.
The court also ordered Nxasana to return the R17,3 million he received from the Presidency in 2015 as part of a settlement for him to vacate office.
The ruling follows an application by Corruption Watch, Freedom Under Law and the Council for the Advancement of the South African Constitution.
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