The Constitutional Court has confirmed that the appointment of Advocate Shaun Abrahams as prosecutions boss is constitutionally invalid.
On Monday, Justice Mbuyiseli Madlanga found that the manner in which Abrahams' predecessor, former prosecutions boss Mxolisi Nxasana, vacated office was invalid.
This ruling therefore had a knock-on effect on Abrahams' appointment.
Madlanga found that former President Jacob Zuma was bent on removing Nxasana at all costs and effectively bought him out with a R17 million settlement.
President Cyril Ramaphosa has three months to appoint a new head of the National Prosecuting Authority (NPA), reports EWN's Barry Bateman.
Madlanga said ordering Nxasana to return as National Director of Public Prosecutions (NDPP) would prolong instability at the NPA.
Judge Mbuyiseli Madlanga found that it would not be in the interest of the NPA that Mxolisi Nxasana be allowed to return to his position.— Barry Bateman, EWN reporter
Madlanga found that Nxasana was effectively bought out, which compromised the independence of the office of the NDPP.— Barry Bateman, EWN reporter
The point being made by the court is that Shaun Abrahams was a beneficiary of an abuse of process, as such he should be removed.— Barry Bateman, EWN reporter
This is another black dot for our former president.— Barry Bateman, EWN reporter
It now brings that current President Cyril Ramaphosa an opportunity to bring stability to the institution.— Barry Bateman, EWN reporter
#Abrahams Judge Madlanga: confirms that Nxasana’s vacation of office was invalid. BB— EWN Reporter (@ewnreporter) August 13, 2018
BREAKING #Abrahams Judge Madlanga: it follows, that Abrahams appointed as NDPP is invalid. BB— EWN Reporter (@ewnreporter) August 13, 2018
#Abrahams Judge Madlanga: Zuma’s removal of Nxasana was an abuse of power. Abrahams was a beneficiary of an abuse of power. BB— EWN Reporter (@ewnreporter) August 13, 2018
BREAKING #Abrahams Judge Madlanga: Pres. Ramaphosa has been ordered to appoint an NDPP within 90 days. BB— EWN Reporter (@ewnreporter) August 13, 2018
The court further ruled that Nxasana repay the R10 million he has already received as part of his settlement.
Wits law professor James Gant comments on the judgment and shares his legal opinion.
Take a listen to the EWN update and legal analysis: