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Casac takes NPA matter to top court

Publish date: 12 December 2017
Issue Number: 4368
Diary: Legalbrief Today
Category: Constitutional

The Council for the Advancement of the South African Constitution (Casac), one of the applicants in the Gauteng High Court (Pretoria) case that set aside the appointment of NPA boss Shaun Abrahams, will approach the Constitutional Court this week to confirm the invalidity of Abrahams’ appointment. Casac’s Lawson Naidoo said President Jacob Zuma’s appeal of Friday’s decision would also need to go before the Constitutional Court as the High Court judges had referred it to the top court, notes a Cape Times report. Naidoo said Abrahams was still the National Director of Public Prosecutions (NDPP) until Deputy President Cyril Ramaphosa appointed his replacement within 60 days, as ordered by the High Court. The judges also declared sections of the NPA Act unconstitutional and invalid as they allow Zuma to unilaterally suspend the NDPP and his or her deputies indefinitely and without pay. The declaration of invalidity was suspended for 18 months and referred to the Constitutional Court for confirmation. According to the judgment, the NDPP and his or her deputies cannot be suspended for longer than six months and must be paid while suspended.

Full Cape Times report (subscription needed)

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