Streaming issues? Report here
John Maytham 2019 1500 BW
Afternoon Drive with John Maytham
15:00 - 18:00
volume_up
volume_mute

Up Next: The Money Show with Bruce Whitfield
See full line-up
Afternoon Drive with John Maytham
15:00 - 18:00
Home
arrow_forward
Politics

FUL: If Nxasana's settlement is unlawful, Abrahams appointment is invalid

28 February 2018 1:22 PM
Tags:
NDPP Shaun Abrahams
High court ruling on Nxasana
Freedom Under Law argued in the ConCourt why National Prosecuting Authority boss Shaun Abrahams appointment was unconstitutional.

The Constitutional Court on Wednesday is hearing argument on whether or not the appointment of National Prosecuting Authority boss Shaun Abrahams was unconstitutional.

Abrahams is challenging the judgment relating to the golden handshake that was awarded to former NPA head Mxolisi Nxasana. A full bench set aside Nxasana's settlement and ordered him to pay back the over R10 million he received as part of his exit package. t the same time, it found Abrahams' appointment was invalid.

EWN reporter Barry Bateman explains that the Nxasana and Abraham's case are closely intertwined.

He says the argument presented in court is that if the settlement awarded to Nxasana was unlawful and set aside by the courts, it subsequently created a situation where there was no vacancy to fill, which means Abrahams appointment had also been unlawful.

The big part of the argument has come from Freedom Under Law which relates to the question of the settlement of Nxasana and the impact this had on the appointment of Shaun Abrahams.

Barry Bateman, EWN reporter

Bateman says that there was no evidence of Nxasana submitting a request to the President to resign, which the president should in turn accept.

Instead, correspondence revealed that it was President Zuma who used tactics to try to get Nxasana to leave office.

There was a commission of inquiry into Nxasana's fitness to hold office, when that failed he came up with negotiations around settlement amounts that he is going to leave.

Barry Bateman, EWN reporter

In summing up the argument... Zuma abused his power to get rid of one NDPP and replace him with another. They say by so doing he violated the constitutional requirement of prosecutorial independence enshrined in the Constitution and the National Prosecuting Act.

Barry Bateman, EWN reporter

He unlawfully used public money to have his way and he did this all for his personal benefit and in order to minimise his risk of prosecution.

Barry Bateman, EWN reporter

To hear the rest of the report by Barry Bateman, listen below:


28 February 2018 1:22 PM
Tags:
NDPP Shaun Abrahams
High court ruling on Nxasana

More from Politics

Tshwane City Hall Pretoria 123rfpolitics 123rflocal 123rf

Government places City of Tshwane under administration

6 December 2019 1:06 PM

Gauteng MEC for Local Government, Lebogang Maile says the intention of the intervention is to stabilise the city.

Share this:
Read More arrow_forward

Terrorist attacks ion South Africa terrorism  123rfpolitics 123rf

Hawks arrest 5th National Christian Resistance Movement suspect in Cape Town

6 December 2019 12:46 PM

Hawks spokesperson Brigadier Hangwani Mulaudzi says the man appeared in court and has been released on R1,000 bail.

Share this:
Read More arrow_forward

Refilwe Moloto 2019 B&W

I feel quite strongly that the DA is not much different from ANC ,says Refilwe

6 December 2019 10:04 AM

Refilwe Moloto takes a stab at the current chaotic state of politics, especially in major metros across South Africa.

Share this:
Read More arrow_forward

Cyril Ramaphosa grinning smiling

'SAA’s collapse plays nicely into hands of a politically constrained Ramaphosa'

6 December 2019 9:35 AM

After dithering for fear of spending political capital, SAA is now out of the President’s hands, says Pieter du Toit (News24).

Share this:
Read More arrow_forward

Clifton Beach Cape Town coastline 123rflocal 123rflifestyle 123rf

W Cape Premier Alan Winde says province and city are geared up for the season

6 December 2019 7:30 AM

Safety and security during tourism season in the Cape is everybody's responsibility, says Winde.

Share this:
Read More arrow_forward

rapid-john-3jpg

[WATCH] John finds Ace Magashule's remarks about the ANC laughable

5 December 2019 5:46 PM

Beloved Afternoon Drive host John Maytham couldn't help but laugh at Magashule's reasons for why people come back to the ANC.

Share this:
Read More arrow_forward

Tshwane City Hall Pretoria 123rfpolitics 123rflocal 123rf

More trouble for DA as EFF calls for motion of no confidence in Tshwane mayor

5 December 2019 2:14 PM

ANC Tshwane chair, Dr Kgosi Maepa, confirms that the party will support the EFF at a special council meeting.

Share this:
Read More arrow_forward

Judge courts justice judgment law legal 123rflegal 123rflaw 123rfpolitics 123rf

Alleged sex offender gets R50k bail, NPA confirms more charges could be added

5 December 2019 1:28 PM

Willem Breytenbach currently faces two charges, one of indecent assault and one of sexual assault.

Share this:
Read More arrow_forward

191205geoffgif

DA members who voted for ANC's Geoff Makhubo 'sell outs' - Gauteng DA

5 December 2019 12:40 PM

Gauteng DA chair Mike Moriarty says party in-fighting isn't why some DA members voted with the ANC to elect Geoff Makhubo.

Share this:
Read More arrow_forward

Refilwe Moloto 2019 B&W

No excuses, but some understanding for GBV, says Refilwe

5 December 2019 9:09 AM

Refilwe Moloto says women are collectively being asked to do the emotional labour of understanding, which is re-victimisation.

Share this:
Read More arrow_forward