A full bench of the High Court in Pretoria has ruled that Shaun Abrahams must vacate his role as National Director of Public Prosecutions (NDPP).
This comes after Judges Dunstan Mlambo, Natvarlal Ranchod and Willem van der Linde found that the termination of former prosecutions boss Mxolisi Nxasana’s contract was invalid.
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The court ordered Nxasana to pay back the R17 million golden handshake he received when he made room for Abrahams.
Judge President Dunstan Mlambo said, “The appointment of advocate Abrahams as NDPP is declared invalid and set aside.
Decisions taken and acts performed by Abrahams in his capacity as the NDPP are not invalid merely because of the invalidity of his appointment.”
Mlambo went on to assign Deputy President Cyril Ramaphosa the job of appointing a new NDPP within 60 days.
President Jacob Zuma was barred by the court from selecting a new NDPP as he is facing criminal prosecution himself and is conflicted.
Mlambo said, “The incumbent president may not appoint, suspend or remove the National Director of Public Prosecutions or someone in an acting capacity as such.
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“It is declared that as long as the incumbent president is in office, the deputy president is responsible for decisions relating to the appointment, suspension or removal of the National Director of Public Prosecutions.”
The Judge also declared the section of the NPA Act, which allows the president to suspend the NDPP unilaterally, indefinitely and without pay to be unconstitutional and invalid.
Some reactions from Twitter regarding the news include:
Another watershed decision by the ultimate guardians of our Constitution. Sad that the Executive seems to consistently fail to comply with the Constitution pic.twitter.com/Sprv6nJX8h
— Prof Thuli Madonsela #KindnessBuilds (@ThuliMadonsela3) December 8, 2017
Cyril Ramaphosa right now #ShaunAbrahams #Nxasana #jacobzuma pic.twitter.com/fPTr8GYYRO
— Tiisetso Maloma (@TiisetsoMaloma) December 8, 2017
#ShaunAbrahams Once again the judiciary is running the state because our elected politicians have failed to do theirs. pic.twitter.com/uilR1o6MhM
— Manyehlisa (@Manyehlisa) December 8, 2017
https://twitter.com/mosotho017/status/939078711055409152
Her name is Thuli Madonsela she will be our new #NDPP #ShaunAbrahams pic.twitter.com/aRQrT2Yxc8
— Arsenal SA 🇿🇦 🌞 (@jackmalulek) December 8, 2017
#CountryDuty#Nxasana#ShaunAbrahams
Shaun Abrahams has to vacate office! 😂😂
The drama in Mzansi all because of Jacob Zuma https://t.co/ozqWi1dJ3d pic.twitter.com/gDF76SdJQF
— Tumi Sole (@tumisole) December 8, 2017