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

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:


Recommended

by NEWSROOM AI
Read More
South Africa is the 71st (out of 180) most corrupt country in the world

South Africa is the 71st (out of 180) most corrupt country in the world

Botswana (34th) and Namibia (53rd) are squeaky clean in comparison. Bruce Whitfield interviews ENS Africa's Steven Powell.

[LISTEN] Abrahams remains NDPP despite withdrawal of appeal - expert

[LISTEN] Abrahams remains NDPP despite withdrawal of appeal - expert

On Friday, the president withdrew an appeal against a High Court judgment that NPA boss Shaun Abrahams should vacate his position.

Abrahams to announce decision on Zuma charges soon

Abrahams to announce decision on Zuma charges soon

The State attorney has sent a letter to lobby group Casac.

Former KZN Hawks boss opens criminal case against Shaun Abrahams and his No.2

Former KZN Hawks boss opens criminal case against Shaun Abrahams and his No.2

The matter relates to the decision to withdraw fraud and perjury charges against NPA boss Abrahams’ deputy Nomgcobo Jiba in 2015.

Judge Kriegler: It's not about Nxasana, but the legalities of Zuma's conduct

Judge Kriegler: It's not about Nxasana, but the legalities of Zuma's conduct

Three prominent civil societies head to the court to seek Nxasana's reinstatement as the NDPP.

[LISTEN] NPA sets record straight on Prasa, but Zackie Achmat remains firm

[LISTEN] NPA sets record straight on Prasa, but Zackie Achmat remains firm

The NPA responds to statements made by activist and leader of #UniteBehind Zackie Achmat made in an interview on Wednesday.

[LISTEN] We can't rely on Shaun Abrahams

[LISTEN] We can't rely on Shaun Abrahams

Civil society groups want Mxolisi Nxasana re-instated as head of the National Prosecuting Authority.

Why Ramaphosa's hands are tied over replacing Shaun Abrahams (until next week)

Why Ramaphosa's hands are tied over replacing Shaun Abrahams (until next week)

Casac has asked the national prosecutions boss to wait until after next week's ConCourt ruling before deciding on Zuma's fate.

Why it won't be easy for Ramaphosa to get rid of embattled Sars and NPA bosses

Why it won't be easy for Ramaphosa to get rid of embattled Sars and NPA bosses

A labour lawyer says senior officials can only be removed through disciplinary processes or by striking an early termination deal.

All eyes on Shaun Abrahams as SCA hands down judgment in Zuma's bid to appeal

All eyes on Shaun Abrahams as SCA hands down judgment in Zuma's bid to appeal

Political analyst Karima Brown says the NPA has the final say on whether Zuma can challenge the decision to reinstate charges.

Tom Monyane denies opening criminal case against Pravin Gordhan

Tom Monyane denies opening criminal case against Pravin Gordhan

EWN Senior reporter Barry Bateman says the allegations were made in an affidavit by Sars official, Vlok Symington.

Popular articles
'It's unacceptable that government officials pay R75 for luxury apartments'

'It's unacceptable that government officials pay R75 for luxury apartments'

IFP national spokesperson Mkhuleko Hlengwa says the party is calling for a review of these rates that are a cost to taxpayers.

[WATCH] Man exposes people selling stolen goods on Facebook

[WATCH] Man exposes people selling stolen goods on Facebook

Anton Fourie says he used his phone to record the interaction to create awareness of what is going on in the community.

[WATCH] Sars boss confusing, evasive testimony at Nugent Commission

[WATCH] Sars boss confusing, evasive testimony at Nugent Commission

Khabazela shares some of the most popular tweets, posts, and videos on 'What's gone viral'.

Pieter du Toit on VBS, Malema's EFF and contradicting ethics

Pieter du Toit on VBS, Malema's EFF and contradicting ethics

Malema has accused the rogue unit of still being operational and Pravin Gordhan of working in the background against the EFF.

Zondi tells court that she had to 'look happy' in church out of fear for Omotoso

Zondi tells court that she had to 'look happy' in church out of fear for Omotoso

Cheryl Zondi is testifying against Pastor Timothy Omotoso who is accused of rape and human trafficking in his Durban church.

Funny Cape fashionista Nadia Jaftha making waves with her mom

Funny Cape fashionista Nadia Jaftha making waves with her mom

Fashion blogger Nadia Jaftha takes fans through her serious love of style, as well as her silly moments with sidekick mom, Nawal.