President Jacob Zuma would be conflicted in the appointment of a new National Director of Public Prosecutions (NDPP) because he faces the prospect of his own criminal prosecution.
This is according to the High Court which ruled that Zuma may have no say in the appointment of the NDPP as long as he is president.
The court set aside the appointment of current head NPA Shaun Abrahams and the termination of former prosecutions boss Mxolisi Nxasana's contract.
The powers of appointing and suspending the NDPP now lies with Deputy President Cyril Ramaphosa, reports EWN's Barry Bateman.
It comes to the issue of how the President is conflicted. He himself is facing criminal prosecution.— Barry Bateman, EWN reporter
We all know about the spy tapes matter and the corruption and fraud charges pending against the president.— Barry Bateman, EWN reporter
The president is not allowed to have a say in who is appointed as the National Director of Public Prosecutions.— Barry Bateman, EWN reporter
As long as he is still in office, [Zuma] may no longer have a say in the appointment or suspension of the National Director.— Barry Bateman, EWN reporter
This comes after the Freedom Under Law and Corruption Watch challenged Nxasana's R17 million golden handshake in court.
Nxasana has now been ordered to pay back the money and Ramaphosa has 60 days to appoint a new NDPP, if the matter is not appealed.
Listen to the full EWN update: