Removing Shaun Abrahams will not solve the NPA’s woes‚ says FW de Klerk Foundation

13 August 2018 - 17:14 By Ernest Mabuza
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The FW de Klerk Foundation said the removal of Shaun Abrahams wouldn’t be an automatic fix for the beleaguered NPA.
The FW de Klerk Foundation said the removal of Shaun Abrahams wouldn’t be an automatic fix for the beleaguered NPA.
Image: Alon Skuy

The FW de Klerk Foundation on Monday welcomed a Constitutional Court judgment which found the appointment of Shaun Abrahams as the country’s National Director of Public Prosecutions to be unlawful.

On Monday the highest court in the land ruled that his appointment was invalid because he had benefited from former president Jacob Zuma’s abuse of power.

The Constitutional Court directed President Cyril Ramaphosa to appoint a new National Prosecuting Authority (NPA) head within 90 days.

While welcoming the ruling‚ the De Klerk foundation said it wouldn’t be an automatic fix for the beleaguered prosecutions body.

“That is not to suggest that the problems that have besieged the nation’s crime-fighting body are close to being resolved‚” the foundation said.

It said the arduous task of finding a suitable replacement for Abrahams must now begin.

“This search takes place while senior members in the ranks of the NPA‚ including Nomgcobo Jiba and Lawrence Mrwebi‚ still have questions regarding their competency and fitness to hold office‚” the foundation said.

It said the judgment was further testament to the tenacious efforts to ensure the adherence to the rule of law by civil society organisations‚ which brought the challenge.

“The judgment… brings finality to the question of whether Shaun Abrahams is rightfully in the office‚ given the unlawful departure of his predecessor‚ Mxolisi Nxasana.”

The foundation said the strongly-worded judgment - in which former president Jacob Zuma was said to have abused his power in the unlawful removal of Nxasana - perhaps reflected exasperation on the part of the judiciary.

“Yet again‚ the courts are forced to intervene in a matter involving the abuse of power and political interference in state institutions.”

The foundation said the Constitutional Court did not find that Abrahams was not fit and proper to hold the position.

“Nonetheless‚ the decision makes apparent that due process is a vital cog in ensuring public trust in state institutions.”

It said Abrahams’ appointment was always tainted by his predecessor’s unlawful departure‚ while Abrahams himself did little to reassure the South African public of the ability of the prosecuting authority to act without fear or favour‚ in line with its constitutional mandate.

“It is vital‚ too‚ that the Court made apparent that Shaun Abrahams‚ as a beneficiary of the improper conduct of former president Jacob Zuma‚ had no right to remain in the office.”

South Africa’s highest court ruled on August 13 2018 that Advocate Shaun Abrahams was not validly appointed to lead the National Prosecuting Authority (NPA) because he had benefited from former President Jacob Zuma’s abuse of power. Justice Mbuyiseli Madlanga, writing on behalf of the Constitutional Court’s majority, found that Zuma had used a R17,3 million “golden handshake” to get rid of former NPA head Mxolisi Nxasana.


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