Home » Judge Rules NPA Boss Shaun Abrahams Must Vacate His Job. Zuma To Appeal.

Judge Rules NPA Boss Shaun Abrahams Must Vacate His Job. Zuma To Appeal.

President Jacob Zuma is set to appeal the North Gauteng High Court judgement which set aside the appointment of Shaun Abrahams as the National Director of Public Prosecutions (NDPP). Meanwhile opposition parties in South Africa welcomed the judge’s decision. The Presidency announced Friday: “Whilst the President awaits a full briefing on the judgement, he has […]

08-12-17 15:32

President Jacob Zuma is set to appeal the North Gauteng High Court judgement which set aside the appointment of Shaun Abrahams as the National Director of Public Prosecutions (NDPP). Meanwhile opposition parties in South Africa welcomed the judge’s decision.

Shaun Abrahams, head of the National Prosecuting Authority, has responded to a letter addressed to him by UDF veterans. Source: NPA website

The Presidency announced Friday: “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.”

This follows a ruling by the High Court in Pretoria which set aside the termination of former prosecutions boss Mxolisi Nxasana and the appointment of Abrahams.

The court ruled that President Zuma may not have a say in the appointment of a new NDPP as he faces the prospect of criminal prosecution himself, and is conflicted. As a result, the court ruled that the new appointment must be made by Deputy President Cyril Ramaphosa.

The ruling added that a new NDPP must be appointed in the next 60 days.

The application was brought by civil society organisations who challenged Nxasana’s R17 million pay-out, which he has now been ordered to pay back as it was invalid.

Responding to the ruling, the Presidency said the National Prosecuting Authority (NPA) is an important institution and appointments are not made lightly… and in “deference to the court and the judicial system” the judgement will be appealed.

 

Meanwhile the EFF, DA and AfriForum welcomed the news.

DA Leader Mmusi Maimane Zuma’s indication to appeal is predictable and another attempt  “to delay the start of the criminal trial he should have faced years ago”.

Maimane said: “No matter the appeal, Shaun Abrahams should vacate office and let someone who can actually do the job take over. He has distinguished himself in his incompetence, by taking absolutely no proactive action on any of the allegations of corruption and state capture that have come to light in recent months. He has deferred to the President, and has consistently failed to assert his own independence and that of the NPA.”

Maimane called on Ramaphosa to oppose the President’s appeal and “do what the Court has instructed him to do.

“This is the perfect opportunity for Ramaphosa to demonstrate his real commitment to fighting the scourge of corruption in the state by appointing someone of obvious integrity and independence. We call on him to not wait 60 days to do so, but to do so without delay.

“The NDPP is currently working on the existing criminal charges against President Zuma and should be planning the President’s upcoming trial,” said Maimane.

Monique Taute, Head of AfriForum’s Anti-Corruption Unit, welcomed the news and said “South Africa could no longer afford to have an NDPP that protects alleged corrupt persons such as President Jacob Zuma”, adding that it became clear that Abrahams was not acting “without fear, favour and prejudice”.

EFF’s Mbuyiseni Quintin Ndlozi said the EFF welcomes the outcomes of the Court which found that Abrahams was illegally appointed.

Of Zuma’s power to appoint a new NDPP being removed, the EFF said: “We welcome this as a victory of the just rule of law. Corrupt politicians have crippled the NPA, rendered it toothless so that their corruption is not prosecuted. It is not a secret that the reason Jacob Zuma has not been held been charged is because he has single-handedly rendered the NPA toothless.

“This judgement will lead to the restoration of the NPA and hopefully one that will be able to prosecute all people regardless of political connectivity and status.”

Sources: SANews.gov.za, DA, EFF, AfriForum