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Abrahams appointment unconstitutional: ConCourt

National Director of Public Prosecutions,Shaun Abrahams speaks during a media briefing in Pretoria, South Africa, May 23, 2016. REUTERS/Siphiwe Sibeko
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The Constitutional Court has declared the appointment of National Prosecuting Authority (NPA) head Shaun Abrahams unconstitutional.

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Abrahams was appointed after the removal of his predecessor Mxolisi Nxasana.

Former President Jacob Zuma appointed Nxasana as head of the NPA in 2013. Almost a year later Nxasana had a fallout with the senior leadership of the NPA.

Zuma instituted a commission of inquiry into his fitness to hold office.

After a legal battle, Zuma and Nxasana reached a settlement which saw Nxasana vacate office with a golden handshake of R17.3-million paving the way for the appointment of Abrahams.

Corruption Watch and Freedom under Law successfully challenged the legality of the termination of Nxasana’s appointment and the settlement payment in the High Court.

The High Court in Pretoria declared last December that Zuma had acted unconstitutionally by terminating Nxasana’s appointment as the then National Director of Public Prosecutions and replacing him with Abrahams.

Abrahams and the NPA were appealing against the order setting aside his appointment.