Johannesburg - President Cyril Ramaphosa has to appoint a new National Director of Public Prosecutions (NDPP) within 90 days.
This follows the Constitutional Court judgment that ruled the departure of former NDPP Mxolisi Nxasana, after he received a R17 million golden handshake, was illegal.
The court also found the appoint of current NDPP Shaun Abrahams was invalid.
Nxasana has been ordered to pay back R10 million of the R17 million he received from the State after he vacated office.
In a majority judgment written by Justice Mbuyiseli Madlanga, the court said it would not remedy the law for Nxasana to return to office, an argument that was put to the court by applicants Corruption Watch, Casac and Freedom Under Law.