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ConCourt to hear case on Abrahams's job

National Prosecuting Authority head Shaun Abrahams. / Alon Skuy
National Prosecuting Authority head Shaun Abrahams. / Alon Skuy

An application by three NGOs to confirm a court order setting aside Shaun Abrahams's appointment as national director of public prosecutions will be heard by the Constitutional Court next week.

The North Gauteng High Court in Pretoria ruled in December that then-president Jacob Zuma's appointment of Abrahams had to be set aside. The former head of state was too conflicted to make an appointment to the post because he is facing possible criminal charges, the court ruled.

It also ruled that Zuma's deputy Cyril Ramaphosa - who has since replaced him as president - had to make the appointment. Both Abrahams and Zuma's legal teams appealed the ruling.

However, it is unclear whether the Presidency will persist with its application since the change of presidents. Ramaphosa, as deputy president, filed a notice with the Constitutional Court to abide by the court order.

The Council for the Advancement of the South African Constitution (Casac), which lodged confirmation proceedings, said it had not received any withdrawals from the Presidency.

"We filed our heads of argument on Friday, as per the court's directions.

"The matter is set to be heard next week," said Casac executive secretary Lawson Naidoo.

Mxolisi Nxasana, the former NDPP who was also ordered by the court in December to return the R17-million golden handshake when he resigned, is also appealing the court order.

The DA said if the National Prosecuting Authority (NPA) was committed to finally charging and prosecuting Zuma, it must abandon the appeal against the high court decision.

"As Mr Zuma is no longer president, the DA believes that both appeals are now moot and that President Cyril Ramaphosa must show leadership and appoint a new NDPP. This is the only way to restore public confidence in the NPA and to lend integrity to the process to charge Zuma," DA federal council chairman James Selfe said. - TimesLIVE

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