28 February 2018

South Africa: Concourt Reserves Judgment in NPA Boss Saga

Photo: GCIS
National Prosecuting Authority head Shaun Abrahams.

The Constitutional Court on Wednesday reserved judgment in the matter involving former National Prosecuting Authority (NPA) head Mxolisi Nxasana and incumbent head, Shaun Abrahams, whose future hangs in the balance.

Legal heavyweights stated their arguments in front of eight justices, which included Justice Chris Jafta, Justice Mbuyiseli Madlanga, Justice Azhar Cachalia and Justice Sisi Khampepe.

According to a statement, the court heard an application to confirm two declaratory orders of Constitutional invalidity, made by the North Gauteng High Court in Pretoria on December 8.

The High Court declared former president Jacob Zuma's conduct as unconstitutional in the termination of Nxasana's appointment as the then National Director of Public Prosecutions.

Nxasana accepted a golden handshake of R17.3m from Zuma after a break down in their relationship.

Nxasana informed Zuma about how his subordinates were undermining him, but Zuma did not assist him, the court heard.

It was also revealed that Nxasana did not want to resign from his position, but circumstances eventually pushed him to.

He told Zuma that he would only resign if he paid him out for the remaining years of his contract.

Appointment of Abrahams

The court also found that the appointment of Abrahams into Nxasana's position was unconstitutional.

Abrahams on Friday received recommendations from prosecutors on whether or not Zuma should be prosecuted.

"The NDPP has received the memorandum outlining the recommendations of the team. He will peruse it and advise on the way forward in due course," NPA spokesperson Luvuyo Mfaku told News24 at the time.

Last month, just hours before his deadline, Zuma submitted representations to the NPA.

The representations relate to a Supreme Court of Appeal (SCA) ruling which dismissed Zuma's and the NPA's application to appeal a North Gauteng High Court in Pretoria ruling that the dropping of the corruption charges against him by then NPA boss Mokotedi Mpshe was "irrational".

Mpshe dropped the charges, based on the so-called "Spy Tapes", which were presented to him by Zuma's legal team.

The tapes were made up of recordings of telephone conversations between then Scorpions boss Leonard McCarthy and former NPA boss Bulelani Ngcuka, which Zuma's legal team claimed showed political interference in the decision to charge him.

Source: News24

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