The application by three NGOs to confirm a court order setting aside Shaun Abrahams’ appointment as national director of public prosecutions will be heard by the Constitutional Court next Wednesday.
The High Court in Pretoria ruled in December that former president Jacob Zuma’s appointment of Abrahams had to be set aside because the former head of state was too conflicted to make an appointment to the post because he is facing possible criminal charges.
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 not clear whether the Presidency will persist with its application as there had been a change of presidents last week‚ with Ramaphosa being elected president. 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‚” Casac executive secretary Lawson Naidoo said.
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 against the court order.
The Democratic Alliance said that if the National Prosecuting Authority was committed to finally charging and prosecuting Zuma‚ it that 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.
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