South Africa’s Supreme Court on Monday ruled that the appointment of chief prosecutor Shaun Abrahams was “constitutionally invalid”.

The court’s ruling, upheld a decision by a lower court that found Abrahams was improperly appointed by former president Jacob Zuma.

Abrahams had appealed the earlier High Court judgment that ruled that the removal of his predecessor,
Mxolisi Nxasana, was unlawful and that his own appointment be revoked.

Judge Mbuyiseli Madlanga found that the manner in which former prosecutions boss Nxasana vacated office was invalid and therefore it had a knock-on effect on Abrahams’ appointment.

Madlanga found that former President Jacob Zuma was bent on removing Nxasana at all costs and effectively bought him out with a R17 million settlement.

The judge found that this compromised the independence of the office of the National Director of Public Prosecutions, which rendered his vacation of office invalid.

NAN reported that in November 2017, the court heard that Zuma had “bullied” former national director of public prosecutions Nxasana out of office by using an inquiry into his fitness to hold the position

Since his appointment, Abrahams has been accused of displaying bias in favour of Zuma involving criminal cases that are before courts.

Abrahams has denied the allegations.

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