11 December 2017

South Africa: #NxasanaJudgment - Appealing Will Hurt Zuma - the Days of Disrespecting the NPA Are Over

analysis

When a court has to go to the unthinkable extreme of violating the Constitution's visible expression in order to protect its invisible meaning to prevent said Constitution and itself from being complicit in crime, the president in question is a problem.

Corruption Watch' Freedom Under Law and the Council for the Advancement of the South African Constitution asked the North Gauteng High Court in Pretoria to review the R17 million settlement paid to former National Director of Public Prosecutions, Mxolisi Nxasana.

Written by Judge President Dunstan Mlambo and judges Natvarlal Ranchod and Willem van der Linde, the judgment set aside Shaun Abraham's appointment as Nxasana's replacement, picked on the "pattern of the president's conduct in litigation, of defending what ultimately turns out -- on the president's own concession -- to have been the indefensible all along, banking on any advantage that the passage of the time may bring", as well as Advocate Abrahams's failure to retain prosecutorial independence "on all the material issues with the position of the president". They also said the deputy president must appoint the next prosecutions' authority director.

Zuma's appeal will probably say the judgment violated the doctrine of the separation of powers. The Umkhonto we...

South Africa

Caster Semenya vs Serena Williams at Laureus Sports Awards

Olympic and world 800-metre champion Caster Semenya is South Africa's only nominee for the 2018 Laureus World Sports… Read more »

Copyright © 2017 Daily Maverick. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). To contact the copyright holder directly for corrections — or for permission to republish or make other authorized use of this material, click here.

AllAfrica publishes around 600 reports a day from more than 140 news organizations and over 500 other institutions and individuals, representing a diversity of positions on every topic. We publish news and views ranging from vigorous opponents of governments to government publications and spokespersons. Publishers named above each report are responsible for their own content, which AllAfrica does not have the legal right to edit or correct.

Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica. To address comments or complaints, please Contact us.