JOHANNESBURG, August (ANA) - The Constitutional Court said on Monday Shaun Abrahams' appointment by former president Jacob Zuma as the head of the National Prosecuting Authority (NPA) was unconstitutional.
The court further directed President Cyril Ramaphosa to appoint a new NPA boss within 90 days.
Abrahams and the NPA approached the highest court to appeal a judgment last year that ruled that the removal from the post of Mxolisi Nxasana, who received a R17.,3 million golden handshake, was unlawful, and therefore rendering Abrahams' appointment by former president Jacob Zuma invalid.
The high court case was brought by Freedom Under Law (FUL), Corruption Watch and the Council for the Advancement of the South African Constitution (Casac) who wanted Abrahams' appointment be set aside.
They also wanted an order reinstating Nxasana or, alternatively, declaring that the position was vacant and a new prosecutions boss must be appointed.
Nxasana has since indicated that he would return the money and that he wanted her job back.
Zuma appointed Nxasana to head the troubled NPA in 2013. Following the internal conflict, while in corruption charges hung over Zuma's head, a commission of inquiry was instituted in 2014 to investigate Nxasana's fitness to hold office.
As a result, he was suspended pending the outcome of the inquiry. In August 2014, Nxasana launched an urgent application in the high court seeking to interdict his suspension. However, the court process was never finalised as Nxasana and Zuma began negotiations in an attempt to settle the dispute.
Nxasana was given a R17.3 million golden handshake by Zuma in 2015 to vacate his post. He was temporarily replaced by Silas Ramaite.
Abrahams was then appointed permanently.
- African News Agency (ANA)
