South Africa High Court rescinds Zuma's appointment of state prosecutor

10 Décembre, 2017, 04:42 | Auteur: Anatole Charbonneau
  • South African court rules Zuma appointment of state prosecutor invalid

The NPA is an important institution in South Africa's constitutional democracy, and the appointment of its leader is not made lightly, presidential spokesperson Bongani Ngqulunga said.

The application for leave to appeal holds that the court should not have rejected the argument that Zuma had not, or will not, appoint the person who decides whether he will be charged with corruption afresh, because appointment of the NDPP is "with the concurrence of the cabinet".

In a statement released just hours after the ruling‚ Zuma's office said: "Whilst the President awaits a full briefing on the judgment‚ he has been advised that an early assessment displays‚ with respect‚ various grounds upon which a successful appeal may be prosecuted".

"Minded by the principle of the separation of powers‚ constitutional legality and the rule of law‚ the judgment will be appealed".

The court gave the responsibility to Ramaphosa after it found that President Jacob Zuma was "conflicted".

This comes after Judges Dunstan Mlambo, Natvarlal Ranchod and Willem van der Linde found that the termination of former prosecutions boss Mxolisi Nxasana's contract was invalid.

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Nxasana accepted a golden handshake from Zuma worth R17.3m and left the NPA in 2015.

"We deem it prudent to record that the order is suspended for a period of 60 days".

Freedom under Law (FUL), Corruption Watch (CW) and the Council for the Advancement of the South African Constitution (CASAC) had gone to court seeking an order declaring Nxasana's removal invalid.

Together with judges, who likewise are appointed by the president, the NPA head plays a vital role in the criminal justice system, Ngqulunga said. The organisations asked the court to review the financial settlement paid to Nxasana.

South Africa's deputy president and a top contender to take over the ruling party says he would believe the young woman who accused President Jacob Zuma of rape more than a decade ago.


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