Presidency notes Shaun Abrahams ruling

Monday, August 13, 2018

The Presidency has noted the ruling by the Constitutional Court that declares as invalid and unconstitutional the appointment of Advocate Shaun Abrahams as the National Director of Public Prosecutions (NDPP).

Justice Mbuyiseni Madlanga on Monday said the appointment of Abrahams was invalid because the removal of his predecessor, Mxolisi Nxasana, was also constitutionally invalid due to the fact that former President Jacob Zuma “bought” him out of office.   

"The Presidency is currently studying the judgment, cognisant of the order of the court directing the President to appoint a NDPP within 90 days of this order. 

"In studying this judgment, The Presidency is guided by the undertaking given by President Cyril Ramaphosa in the February 2018 State of the Nation Address that South Africa’s law enforcement institutions would be strengthened and shielded from external interference or manipulation," the Presidency said on Monday. 

President Ramaphosa also undertook that urgent attention would be given to leadership issues at the National Prosecuting Authority “to ensure that this critical institution is stabilised and able to perform its mandate unhindered”. 

In terms of Section 179(1) (a) of the Constitution, a National Director of Public Prosecutions is appointed by the President, as head of the national executive. 

The Presidency said steps to be taken arising from the Constitutional Court judgment will be communicated in due course. -