Durban - The Constitutional Court on Monday found that the appointment of Shaun Abrahams as National Director of Public Prosecutions by former president Jacob Zuma was invalid.
In February an application by Corruption Watch seeking to confirm two declaratory orders of constitutional invalidity and an application seeking leave to appeal a High Court ruling that found that Abrahams’s appointment was illegal was heard by the Constitutional Court.
Here are five things we know about the judgement handed down by Justice Mbuyiseli Madlanga:
- Subsections 12(4) and 12(6) of the NPA Act are declared unconstitutional. Parliament is given 18 months to amend the NPA Act
- President Cyril Ramaphosa has been ordered by the Constitutional Court to appoint a new National Director of Public Prosecutions within 90 days.
- Justice Madlanga said former president Jacob Zuma's decision to terminate Abraham's predecessor Mxolisi Nxasana position as the National Director of Public Prosecutions (NDPP) was an abuse of power and that the Abrahams was a beneficiary of that abuse.
- Madlanga ordered that Nxasana pay back more than R10m that he was awarded as part of a golden handshake.
- A minority judgment held that Nxasana should return to the position of NDPP.