South Africa: Head Prosecutor Removed

The High Court in Pretoria, South Africa, has ruled that the head of the National Prosecuting Authority must vacate his seat.

Judge Dunstan Mlambo announced their verdict: “The appointment of Shaun Abrahams as the National Director of Public Prosecutions is reviewed, declared invalid and set aside.”

Judge Mlambo explained that the termination of Abrahams’ predecessor, Mxolisi Nxasana, was invalid.

Nxasana agreed to leave the post in 2015 after a R17 million payout, which followed a threat he had made to investigate NPA leaders who were supposedly close to President Jacob Zuma.

Because the High Court found that Nxasana’s departure was unlawful, the post was technically not vacant when Abrahams filled it.

The court did not re-appoint Nxasana to the position, saying that it would not be “just”.

Judge Mlambo also ruled that President Jacob Zuma appointing a new NPA head would be a “conflict of interest” due to the 800 corruption charges pending against him.

Instead, Deputy President Cyril Ramaphosa has been tasked with appointing a new NPA head within the next 60 days.

The appeal against Nxasana’s settlement was originally brought by Freedom Under Law‚ Corruption Watch and the Council for the Advancement of the South African Constitution.