It was found that the decision that terminated then NPA head Mxolisi Nxasana’s contract in order to appoint him was invalid, unconstitutional.
The ANC and Parliament have welcomed the judgement by Constitutional Court judge Justice Mbuyiseli Madlanga that former President Jacob Zuma abused his powers when appointing Shaun Abrahams to head the National Prosecuting Authority.
Madlanga delivered a scathing judgement on Monday this week following another judgement by the Tshwane high court last year December declaring the appointment of Abrahams unconstitutional.
Chairman of Parly’s portfolio committee on justice, Dr Mathole Motsheka, said the finding by Madlanga should bring closure to “a long-drawn-out chapter”.
“This has led to uncertainty at the National Prosecuting Authority,” Motsheka said.
“The focus should now revert back to stability and certainty at the NPA,” he said.
Madlanga said Abrahams was a beneficiary of abuse of power by Zuma and President Cyril Ramaphosa has now been ordered to appoint another NPA boss.
It was also found that certain sections of the NPA Act were unconstitutional and Parliament has a year-and-a-half to amend it.
Motsheka said he’ll do everything in his powers as chair of the justice committee that this act is corrected within the stipulated period.
“I note that subsections 12(4) and 12(6) have been declared unconstitutional. I, as chairperson, will do everything in my power to ensure that an amendment of the Act happens speedily as we want to ensure a strong and constitutionally sound legislation,” he said.
Pule Mabe, ANC national spokesman, said the party welcomes the judgment and provides Ramaphosa “with the necessary space to move with speed and urgency to resolve the leadership question at the NPA”.
“What is critical for the ANC is the restoration of the independence, integrity and credibility of this key law-enforcement agency,” Mabe said.
“Anything that compromises the independence of the NPA will undermine its credibility and lead to a serious erosion of the rule of law,” he said.
He said the party has confidence Ramaphosa will handle this matter in a manner that will restore public confidence.
The DA has also asked that Ramaphosa appoints a credible person to head the NPA.
(edited by MLM)
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