The Council for the Advancement of SA Constitution (CASAC) is confident that President Jacob Zuma’s appeal against the high court ruling declaring Shaun Abrahams’ appointment as national director of public prosecutions unlawful will not succeed.
Lawson Naidoo‚ the Council’s Executive director‚ said it was Zuma’s tactic to delay legal matters against him.
“We are very confident that the order of the High court will be confirmed by the Constitutional Court. CASAC is launching (on Thursday) an application to the Constitutional Court for a confirmation order because last week’s judgment dealt with a constitutional issue and that order is not effective until it is confirmed by the Constitutional Court‚” he said.
The High Court in Pretoria last week ruled that Abrahams’ appointment as current prosecutions boss was invalid and that Zuma could not select his replacement as he was conflicted. Zuma himself faces possible prosecution on 783 corruption-related charges.
The court gave Zuma's deputy‚ Cyril Ramaphosa‚ 30 days to find a replacement for Abrahams.
The ruling stemmed from an application lodged by CASAC‚ Freedom Under Law and Corruption Watch‚ who had questioned a golden handshake given to Abrahams' predecessor‚ Mxolisi Nxasana. The court agreed that the financial settlement given to Nxasana was irregular.
But Zuma’s legal team will argue that the court erred by ruling that he was unable to exercise his powers as president of the country when it came to appointing a national director of public prosecutions yet at the same time be able to perform his other functions as president.
This‚ they said in their application for leave to appeal‚ was “A position not authorised by the Constitution”. It was not constitutionally permissible to have two presidents at the same time‚ both exercising presidential powers‚ said their application.
Naidoo said the confirmation order was required by the Constitutional Court in the findings of constitutional invalidity by a high court or the Supreme Court of Appeal.
He said the impact of the application for a confirmation order was that it effectively by-passes the Supreme Court of Appeal and that Zuma’s appeal will have to be heard at the same time as the confirmation order application by the Constitutional Court.
“He must first argue why the confirmation order should not be granted‚” Laswon added.
David Lewis‚ Corruption Watch head‚ said it was Zuma’s style to prolong court matters as long as he could but said they will oppose the appeal.