Posted on 13 August 2018
The judgment, delivered on 13 August 2018, is available for download here: Judgment – CCT 333-17 Corruption Watch NPC v President of the Republic o….
Former President Zuma, NDPP Shaun Abrahams and the National Prosecuting Authority sought leave to appeal against the High Court’s order declaring the agreement between Minister of Justice and Correctional Services and Mr Nxasana and the payment of a settlement amount of R17.3 million which resulted in the termination of Mr Nxasana’s term of office as NDPP invalid, as well as declaring the appointment of Mr Abrahams invalid.
The former President appealed against the High Court’s order directing the Deputy President to appoint a new NDPP while Mr Abrahams and the NPA appeal against the setting aside of Mr Abrahams’ appointment. In a separate application which was heard together with the confirmation proceedings, Mr Nxasana seeks leave to appeal against the High Court’s refusal of condonation. Corruption Watch and Freedom Under Law seek the reinstatement of Mr Nxasana.
The majority of the Constitutional Court found that the agreement that terminated Mr Nxasana’s term as NDPP was invalid and so was the appointment of Mr Abrahams. The majority found that the President must now appoint a new NDPP, whilst the minority would have found that Mr Nxasana should have resumed in the position.