Published: Sun, December 10, 2017
Science | By Cecil Little

Shaun Abrahams has 60 days to vacate as head of NPA

Shaun Abrahams has 60 days to vacate as head of NPA

Instead, the duty should fall to Deputy President Cyril Ramaphosa, and an appointment shall be made within 60 days.

As the National Prosecuting Authority (NPA) prepares to appeal the high court judgement ordering its head Shaun Abrahams vacate his office, various civil rights groups have welcomed his dismissal.

This is a developing story.

"It is submitted that the court erred in finding that an order leaving Adv Abrahams in office would allow the President to achieve through unlawful means, what he had wished to attain all along, there being no evidence that the President entered into the impugned agreement with Mr Nxasana with a mind to installing Adv Abrahams as NDPP", the application reads. In the 2016/2017 performance cycle, the organisation achieved 88% of the targets agreed to with Government.

Nxasana was appointed in August 2013 but the very next year faced an inquiry into his fitness to hold office.

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A full bench of the court, led by the court's judge president Dunstan Mlambo, also found that it would not be just for Nxasana to be reinstated.

The organisations want his removal set aside and the golden handshake repaid.

"So the court is acknowledging that the president may be compromised....‚" said Mathekga.

The presidency had indicated in a statement on Friday that the president will appeal the judgment.

"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.

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In handing down judgment on Thursday, Mlambo said: "In our view President Zuma would be clearly conflicted in appointing a NDPP considering the background of this case and the spectre of allegations against him".

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

The SCA said a 2009 decision to withdraw corruption charges against Zuma was "irrational".

The case was brought by Corruption Watch and Freedom Under Law.

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