Lawyers for axed prosecutions boss Vusi Pikoli were filing an urgent interdict in Pretoria on Thursday to prevent the appointment of his successor, his lawyer said.
”Papers have been served on the state attorney,” said Deneys Reitz attorney Aslam Moosajee.
A representative was also ”in the corridors” of the High Court in Pretoria midday on Thursday to file the relevant papers there.
If the president intends opposing the application, answering affidavits could be filed by Tuesday, and argument on the interim interdict to prevent the appointment of new National Director of Public Prosecutions could be heard on August 4.
Presidency acting spokesperson Vincent Magwenya said there was no new information yet on the appointment.
Pikoli is challenging the decision to fire him, which came after an inquiry into his fitness to hold office last year.
In February, Parliament endorsed a recommendation by former president Kgalema Motlanthe that he be fired for not showing enough appreciation for security matters.
Motlanthe said this was based on the findings of the inquiry, led by Frene Ginwala.
But Pikoli rejects this, saying she did not make such a finding and claims that Motlanthe distorted and manipulated the report.
He maintains that the root cause of his sacking was that he wanted to arrest National Police Commissioner Jackie Selebi, and that former president Thabo Mbeki wanted to prevent this.
Pikoli on Tuesday said he had received notice of the impending appointment.
The prosecuting authority is currently being led by Mokotedi Mpshe in an acting capacity.
In the last year it has also been stripped of the Directorate of Special Operations, also known as the Scorpions, with the ”Hawks” being established in the police to carry on with its work, in line with a resolution by the ruling African National Congress.
The National Commissioner of Police position is also uncertain, with President Jacob Zuma due to make an announcement on whether Selebi will be retained or replaced as Selebi’s own court case plays out. — Sapa