Zuma to appeal important judgment on NPA

10 December, 2017, 04:43 | Author: Brenda Erickson
  • President Zuma “clearly conflicted” by the allegations

The National Prosecuting Authority (NPA) and its head Shaun Abrahams on Friday said it would apply for leave to appeal the judgment that sought to remove him from the job, just hours after that judgment was delivered.

Mathekga believed Zuma would fight this ruling and it would most probably end up in the Constitutional Court.

When the Pretoria High Court on Friday set aside President Jacob Zuma's appointment of NDPP head Shaun Abrahams it was a repetition of the Supreme Court of Appeal's move to set aside his appointment of Menzi Simelane from the same position back in 2011.

"Whilst the President awaits a full briefing on the judgement, he has been advised that an early assessment displays, with respect, various grounds upon which a successful appeal may be prosecuted", read a statement from the Presidency.

"Minded by the principle of the separation of powers, constitutional legality and the rule of law, the judgement will be appealed", said Ngqulunga.

The High Court of South Africa [official website] ruled [decision, PDF] Friday that President Jacob Zuma's [BBC profile] appointment of a State Prosecutor who would decide whether to reinstate corruption charges against was invalid. "Out of deference to the court and the judicial system‚ these grounds will be properly ventilated in the normal course in court proceedings".

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For the past decade, the NPA has been viewed as politically captured and accused of shielding Zuma from corruption charges.

Nxasana reached a settlement agreement with the National Prosecuting Authority (NPA) in 2015 but the court ruled that was irregular.

"It is declared that as long as the incumbent president is in office, the deputy president is responsible for decisions relating to the appointment, suspension or removal of the National Director of Public Prosecutions."

The court found that both Zuma and Nxasana had acted "recklessly" with regards to the settlement agreement.

"We deem it prudent to record that the order is suspended for a period of 60 days". The organisations asked the court to review the financial settlement paid to Nxasana.

The Presidency added that: "Together with judges, who likewise are appointed by the President, the National Director of Public Prosecutions plays a vital role in the criminal justice system".

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