Nxasana Constitutional Court Judgment

13 August 2018

The Helen Suzman Foundation (HSF) notes the judgment and order of the Constitutional Court in the case brought by Corruption Watch, Freedom Under Law and the Council for the Advancement of the South African Constitution. The judgment related to, inter alia, the settlement agreement concluded between former President Jacob Zuma, the Minister of Justice and Correctional Services and the former National Director of Public Prosecutions (NDPP), Mr Mxolisi Nxasana, regarding Mr Nxasana’s vacancy of his position.

The HSF was admitted as amicus curiae (friend of the Court) in the matter.

The Court found that Mr Nxasana cannot resume his position as NDPP and must repay the full settlement amount received.  The Court further found that the subsequent appointment of Advocate Shaun Abrahams to the position of NDPP was unlawful and invalid.  The President is directed to appoint, within 90 days, a new NDPP.  Parliament has also been directed to remedy the constitutional defects in the NPA Act within 18 months from the date of the order.

The judgment upholds the rule of law and brings much needed stability to the crucial role in the delivery of justice of the National Prosecuting Authority (NPA) and the Office of the NDPP.  The HSF welcomes the judgment and will continue to monitor the implementation of the Court’s order as regards the structural independence of the NPA.

To read the full judgment click here.

Issued by Francis Antonie on behalf of HSF, 13 August 2018