Johannesburg - NPA head Shaun Abrahams is at the Constitutional Court on Wednesday to challenge the High Court judgment that ruled that his appointment as head of the NPA is unlawful. 

The judgment relates to the golden handshake that was awarded to former NPA head Mxolisi Nxasana. His removal led to former president Jacob Zuma appointing Abrahams as his replacement.

Along with the judgement against Abrahams the court had ordered that Nxasana should pay back the over R10 million he received as part of his exit package.

The High Court judgment was made in December and immediately thereafter, Zuma filed an application to appeal the ruling. Abrahams also filed an appeal.

Abrahams plans to argue at the Constitutional Court that his appointment was not unlawful.

The Council for the Advancement of the South African Constitution (Casac) is challenging Abrahams' appeal. 

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On Monday President Cyril Ramaphosa dealt a blow to Abrahams’ case when he withdrew the president's appeal of the high court decision, and informed the court that he will not be taking part in Wednesday's court proceedings.  

Lawyers representing the Presidency said Zuma, who had put through the application, is allowed to participate in his own personal capacity, but it's unclear whether Zuma intends to do so.

Casac is also involved in the matter concerning the possible reinstatement of corruption charges against Zuma. Abrahams had promised the organisation that he would give them a two-week notice before releasing his decision on whether Zuma will face charges.

This week Abrahams wrote to the group requesting that they waive the two week notice agreement as he was ready to make an announcement on his decision.

But Casac has refused to waive the notice and said it would wait for the Constitutional Court to hear the matter on the legality of Abrahams’ appointment.

This means the Abrahams is likely to make an announcement of his decision on March 15.

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