ConCourt Finds Shaun Abrahams’ Appointment Invalid, NPA Boss Must Go

South Africa’s Constitutional Court has ruled Monday morning that the appointment of National Director of Public Prosecutions (NDPP), Shaun Abrahams, was “constitutionally invalid”, upholding a decision by the lower court that the NDPP boss had been improperly appointed after former President Jacob Zuma removed his predecessor, Mxolisi Nxasana.

Abrahams and the National Prosecuting Authority (NPA) had appealed the order setting aside his appointment. This morning ConCourt dismissed the appeal, with costs.

ConCourt said “the removal of Nxasana was constitutionally invalid which means the appointment of Shaun Abrahams is therefore also invalid”.

Judge Mbuyiseli Madlanga said Abrahams was invalidly appointed because basically Zuma had illegally “bought” Nxasana out of office with a massive R17-million pay-out.

He said: “Zuma’s removal of Nxasana was an abuse of power. Abrahams was a beneficiary of an abuse of power…

“The inference is inescapable that he was buying Mr Nxasana out of office.”

ConCourt ruled that South Africa’s President Cyril Ramaphosa must now appoint a new NDPP within 90 days, who will hopefully regain the public’s trust… as the damage wrought by Zuma during his nine-year presidency is steadily undone.

Zuma faced several corruption charges during his time in office, and Abrahams was often accused by the opposition for protecting Zuma from being prosecuted. Both Zuma and Abrahams have denied this.

Under Zuma’s leadership South Africa suffered economic stagnation and credit rating downgrades.

Gerrie Nel, who is now Head of AfriForum’s Private Prosecution Unit, said the country deserves a Chief Prosecutor who will “prosecute without fear, favour or prejudice”.

Nel said: “I was there when the NPA was established, and I therefore look forward to the NPA again being restored to an institution of prosecutors that prosecutes in favour of the community.”

Abrahams, who had kept his post pending the appeal, was not in court. He had no immediate comment.

“He is disappointed but respects the decision of the highest court in the land,” said the National Prosecuting Authority’s (NPA) spokesman Luvuyo Mfaku said.

In March, Abrahams had had an about-turn and announced that Zuma would finally face 16 charges of fraud, racketeering and money laundering relating to a $2.5 billion arms deal to buy European military hardware to upgrade South Africa’s armed forces after the end of apartheid in 1994.

Zuma, who was ousted by the ruling party, denies any wrongdoing.

(Some additional reporting by James Macharia/Reuters; Editing by Richard Balmforth/Reuters and Jenni Baxter/SAPeople)