Concourt to rule on NPA

The Constitutional Court is today expected to hand down its decision regarding the constitutional invalidity of former National Prosecuting Authority (NPA) boss Mxolisi Nxasana’s dismissal, and Shaun Abrahams’ subsequent appointment.

Both happened on former president Jacob Zuma’s watch.

When Zuma announced he would be forming a commission to investigate Nxasana’s appointment, Nxasana negotiated a R17.3 million settlement for himself and left the way open for Shaun Abrahams to be appointed.

In December 2017, Corruption Watch, Freedom Under Law, and the Council for the Advancement of the South African Constitution (Casac) challenged the legality of the termination of Nxasana’s appointment and the R17.3 settlement, in the North Gauteng High Court.

At the time, the court made an order setting aside the settlement agreement, a declaration that the office was vacant and an order which directed that the deputy president – then Cyril Ramaphosa – appoint a new national director of public prosecutions (NDPP) within 60 days, on the basis that the president himself was in terms of section 90(1) of the Constitution unable to act because of his conflict of interest.

This initiated another court case where Zuma sought to overturn the Pretoria High Court’s finding which had in essence reduced him to a lame duck president. Ramaphosa then won the ANC’s elective conference and once Zuma was subsequently removed, Ramaphosa filed another affidavit saying the office of the president would abide by the ConCourt decision.

Abrahams and the NPA sought leave to appeal against the Pretoria High Court’s order, while Nxasana sought leave to appeal the High Court’s refusal of his explanatory affidavit over the R17.3 million.

The civil organisations want the R17.3 million to be returned, Abrahams gone, with Nxasana back in the post or a new boss for the NPA.