National Director of Public Prosecutions Shaun Abrahams will today fight to keep his job in the Constitutional Court.
Abrahams filed an appeal at the highest court in South Africa after the Pretoria high court last year declared that he should vacate his office.
The court made this order after it found that President Jacob Zuma had unlawfully removed Abrahams’ predecessor, former NDPP Mxolisi Nxasana in May 2015.
At the time, Nxasana accepted a settlement payment of R17.3-million.
The Pretoria high court ordered Nxasana to pay back the settlement and ruled that his removal was invalid. The court further ordered that, as a result, Abrahams’s appointment as NDPP, following Nxasana’s invalid exit, was invalid.
The then deputy president Cyril Ramaphosa was ordered to appoint a new NDPP within 60 days to replace Abrahams.
The Constitutional Court will now hear two appeals on Wednesday: one will be Abrahams appeal against the Pretoria high court ruling which declared his appointment invalid.
The second appeal will be from Nxasana, who said that the Pretoria high court’s refusal to accept a late affidavit he filed in those proceedings meant he was denied access to fair justice. Nxasana argues that the Pretoria high court made a ruling on him without hearing his case.
Abrahams is currently under pressure to announce if President Jacob Zuma will face prosecution for 18 charges related to the arms deal. The proceedings today, and Abrahams attempt to secure his job, could affect when Abrahams makes the announcement.
The Constitutional Court will hear the case at 10am.