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Casac wants Concourt to decide on Nxasana’s golden handshake

14 December 2017 - 16:57 By Ernest Mabuza
Mxolisi Nxasana will now run the NPA
Mxolisi Nxasana will now run the NPA
Image: GCIS

The Council for the Advancement of the South African Constitution (Casac) has asked the Constitutional Court to hear the confirmation proceedings on the appointment of a new National Director of Public Prosecutions urgently.

On Friday‚ the high court in Pretoria court declared as invalid the termination of the appointment of Mxolisi Nxasana as National Director of Public Prosecutions (NDPP).

It also set aside the appointment of Nxasana’s successor Shaun Abrahams.

The court also ordered that Deputy President Cyril Ramaphosa appoint a new NDPP within 60 days.

Zuma has applied to the full bench of the high court for leave to appeal Friday’s judgment in the Supreme Court of Appeal.

Casac on Thursday also filed a notice with the high court to oppose Zuma’s application.

In its affidavit on Thursday before the Constitutional Court‚ Casac said the National Prosecuting Authority -- under the leadership of the NDPP -- would in the coming months take important decisions about the prosecution of Zuma.

The Supreme Court of Appeal in October confirmed a high court order made last year that the decision in 2009 to discontinue the prosecution of Zuma on corruption charges was invalid.

Abrahams thereafter gave Zuma a chance to make representations on whether he should be prosecuted. Abrahams recently extended the deadline for Zuma to the end of January.

“It is important that these decisions be taken under the leadership of an NDPP whose independence is beyond question‚” Casac executive secretary Lawson Naidoo said.

Naidoo said Abrahams’ independence was suspect in the light of the high court’s ruling that the president employed an unconstitutional manoeuvre and unlawfully spent R17m of public money to oust Nxasana and replace him with Abrahams.

“Accordingly‚ any decision taken by Mr Abrahams concerning the prosecution of President Zuma will be reasonably suspected of bias and subject to potential challenge. Yet it is also vital that a final decision on President Zuma’s prosecution is taken as soon as possible‚” Naidoo said.

The Freedom under Law also filed an affidavit in which it aligned itself with the founding affidavit by Casac and asked for the same relief sought in that application.