Johannesburg - President Jacob Zuma has filed papers detailing his intention to appeal the High Court decision that shifted the power of the appointing of the National Director of Public Prosecutions (NDDP) to Deputy President Cyril Ramaphosa.
Last week, the High Court ruled that NDPP head Shaun Abrahams' appointment was unlawful and that he should leave office and that a new head should appointed by Ramaphosa within the next 60 days.
The court made this decision while ruling on the R17 million golden handshake that was given to former NDPP head Mxolisi Nxasana for his departure from the position.
High Court Judge Dunstan Mlambo ruled that Nxasana's departure from the NPA was unlawful and such the post he held was not vacant when he left and as such Abrahams' appointment was unlawful.
Mlambo also instructed that Ramaphosa be the one to appoint the NDPP head as Zuma was conflicted in the matter as the NPA was yet to rule on whether he should face corruption charges linked to the arms deal.
Zuma's appeal will focus on the "unconstitutionality" of the court shifting his powers to appoint the NPA head, yet he was able to perform other functions as President.
"The court erred in law in holding to be constitutionally permissible to have two presidents in the country at the same time and both of them excising the executive function," Zuma's application read.
The President also faced another legal blow on Wednesday as Judge Mlambo issued another scathing ruling this time on Zuma's review of the State of Capture report.
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Mlambo said Zuma was conflicted in the state capture matter and as such could not legally be allowed to appoint a judge to head up the judicial inquiry into state capture.
Former Public Protector Thuli Madonsela was correct when she recommended that the Chief Justice Mogoeng Mogoeng be the one to appoint the judge to head up the inquiry, the court ruled.
The court also ordered that Zuma pay the costs for the application and that he set up the inquiry within 30 days.
Zuma has not commented on whether he will appeal the ruling on the state capture matter.