President Jacob Zuma is set to appeal the North Gauteng High Court judgement which set aside the appointment of Shaun Abrahams as the National Director of Public Prosecutions (NDPP).
“Whilst the President awaits a full briefing on the judgement, he has been advised that an early assessment displays, with respect, various grounds upon which a successful appeal may be prosecuted,” the Presidency announced on Friday.
This follows a ruling by the High Court in Pretoria which set aside the termination of former prosecutions boss Mxolisi Nxasana and the appointment of Abrahams.
The court ruled that President Zuma may not have a say in the appointment of a new NDPP as he faces the prospect of criminal prosecution himself, and is conflicted.
The ruling added that a new NDPP must be appointed in the next 60 days.
The application was brought by civil society organisations who challenged Nxasana’s R17 million pay-out, which he has now been ordered to pay back as it was invalid.
Responding to the ruling, the Presidency said the National Prosecuting Authority (NPA) is an important institution in the constitutional democracy, appointments in respect of which are not made lightly.
Together with judges, who likewise are appointed by the President, the National Director of Public Prosecutions plays a vital role in the criminal justice system.
Minded by the principle of the separation of powers, constitutional legality and the rule of law, the judgement will be appealed.
“Out of deference to the court and the judicial system, these grounds will be properly ventilated in the normal course in court proceedings,” the Presidency added.