South Africa’s Constitutional Court has declared the appointment of chief state prosecutor Shaun Abrahams as “constitutionally invalid”, upholding a decision by a lower court that found he had been improperly appointed by former president Jacob Zuma.
Shaun Abrahams is a South African lawyer and the national director of public prosecutions at the National Prosecuting Authority.
Abrahams was appealing an earlier High Court judgment that ruled that the removal of his predecessor, Mxolisi Nxasana, was unlawful and that his own appointment be revoked.
Abrahams was appointed after the removal of his predecessor Mxolisi Nxasana, who accepted a R17 million ($1.1m) settlement package president Zuma.
The removal of Mr Nxasana and appointment of Adv Abrahams are constitutionally invalid.
Non-governmental organisations, Corruption Watch and Freedom Under Law took the matter on the removal of Nxasana to the High Court, which ruled in their favor.
‘‘The removal of Mr Nxasana and appointment of Adv Abrahams are constitutionally invalid. Subsections 12(4) and 12(6) of the NPA Act are declared unconstitutional. (Corruption Watch v President of RSA)’‘
The Court subsequently made the following pronouncements:
- orders president to appoint a new National Director of Public Prosecutions within 90 days
- Nxasana is ordered to pay back over R10million ($688,000)
- orders parliament to correct 2 clauses of section 12 of NPA act which includes the indefinite suspension of NDPP and Deputies