The African Christian Democratic Party (ACDP) today said it welcomed the Constitutional Court finding that former President Jacob Zuma abused his powers in removing former National Prosecuting Authority (NPA) head Mxolisi Nxasana and eventually appointed Advocate Shaun Abrahams to the position.
ACDP MP and member of the Justice and Correctional Services Portfolio committees, Steve Swart, said: “The ACDP welcomes today’s ruling by the Constitutional Court which declared the settlement agreement, the obligation to pay R17,3 million to former NPA head, Nxasana, and his resultant vacation of office, constitutionally invalid for being inconsistent with the constitutionally required independence of the office of National Director of Public Prosecutions (NDPP).
“This resulted in the consequent appointment of Adv Shaun Abrahams as NDPP also being declared invalid.”
Swart said that “this is an important judgment as it enhances the independence of the NPA by finding that the payment of golden handshakes to remove troublesome NDPPs (as was the case with Mr. Nxasana) is unconstitutional and thus invalid”.
Swart added that the ACDP calls on President Cyril Ramaphosa to speedily appoint a new NDPP to resolve the leadership issues at the NPA.
“The new NDPP must be fiercely independent and able to oversee the initiation of prosecutions arising from widespread fraud, corruption and state capture, much of which involves high-level political involvement.”
The Constitutional Court said today Abrahams’ appointment by Zuma as the head of the NPA was unconstitutional. The court further directed Ramaphosa to appoint a new NPA boss within 90 days.
Abrahams and the NPA approached the highest court to appeal a judgment last year that ruled that the removal from the post of Nxasana, who received a R17,3 million golden handshake, was unlawful and therefore rendering Abrahams’ appointment by former president Zuma invalid.
– African News Agency (ANA)