Following a decision by a lower court that Shaun Abrahams was imprpoperly appointed by former President Jacob Zuma, South Africa’s Supreme Court on Monday also ruled that the appointment of chief prosecutor Shaun Abrahams was “constitutionally invalid”.
Abrahams had appealed the earlier High Court judgment that ruled that the removal of his predecessor, Mxolisi Nxasana, was unlawful and that his own appointment be revoked.
Judge Mbuyiseli Madlanga found that the manner in which former prosecutions boss Nxasana vacated office was invalid and therefore it had a knock-on effect on Abrahams’ appointment.
Madlanga found that former President Jacob Zuma was bent on removing Nxasana at all costs and effectively bought him out with a R17 million settlement.
The judge found that this compromised the independence of the office of the National Director of Public Prosecutions, which rendered his vacation of office invalid.