South Africa: Justice and Correctional Services Committee notes The Court Judgement on the Appointment Of National Director of Public Prosecutors (NDPP)
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Parliament’s Portfolio Committee on Justice and Correctional Services Chairperson has noted the Constitutional Court judgement today regarding the appointment of the National Director of Public Prosecutors (NDPP), Adv Shaun Abrahams, and the removal of office of his predecessor, Adv. Mxolisi Nxasana.
Committee Chairperson, Dr Mathole Motsheka, said the finding by Justice Mbuyiseli Madlanga that Adv Abraham’s appointment was unconstitutional and invalid, should bring closure to a long-drawn-out chapter. “This has led to uncertainty at the National Prosecuting Authority (NPA). The focus should now revert back to stability and certainty at the NPA.”
Justice Madlanga said former President Jacob Zuma's decision to terminate Abraham's predecessor Adv Nxasana’s position as the National Director of Public Prosecutions was an abuse of power – and that Abrahams was a beneficiary of that abuse.
Dr Motshekga further noted the court’s declaration that certain sections of the NPA Act are unconstitutional and that Parliament is given 18 months to amend the Act. “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.”
Distributed by APO Group on behalf of Republic of South Africa: The Parliament.
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