National director of public prosecutions Shaun Abrahams.
The high court in Pretoria on Friday ruled that national director of public prosecutions Shaun Abrahams cannot remain in that post – and that President Jacob Zuma is disqualified from making a new appointment.
Instead, Deputy President Cyril Ramaphosa is to choose the top prosecutor.
The National Prosecuting Authority (NPA) recently received representations from Zuma on why he should not be prosecuted for corruption. A decision in that regard is thought to be imminent.
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The court was ruling on the R17-million golden handshake that saw the departure of previous NPA head Mxolisi Nxasana, at a time when he threatened to investigate NPA leaders thought close to Zuma.
The court found that the nature of Nxasana’s departure was unlawful, which meant the post was not properly vacant when Abrahams was appointed to it.
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However, the court declined to return Nxasana to the post, as he had asked.
But because Zuma is conflicted because of possible criminal prosecution, he could not be in charge of a fresh appointment, the court said.