‘Shaun Abrahams should not keep his job’
Freedom Under Law is among several rights groups that are trying to persuade the Constitutional Court to confirm a previous order that set aside Shaun Abrahams’ appointment.
JOHANNESBURG - Freedom Under Law has told the Constitutional Court that prosecutions boss Shaun Abrahams should not be allowed to remain in his position because his appointment was a by-product of former president Jacob Zuma’s unlawful abuse of power.
The organisation is among several rights groups that are trying to persuade the Constitutional Court to confirm a previous order that set aside Abrahams’ appointment.
His predecessor Mxolisi Nxasana’s golden handshake was also declared unlawful in that High Court ruling.
Advocate Wim Trengove told the court that Zuma abused his powers in order to rid himself of one National Director of Public Prosecutions and replace him with another.
Trengove argued that by doing so, Zuma violated the constitutional requirements of prosecutorial independence and unlawfully used public money to have his way.
The advocate submitted that Zuma did all this for his personal benefit, which was to minimise his own risk of prosecution.
Trengove says this personal motivation means the former president also violated a section of the Constitution, which requires Cabinet members not to act in a way which is inconsistent with the office they hold.
#ShaunAbrahams Trengove: the (former) president claims Nxasana asked to resign - but this is not supported by the evidence (correspondence). BB— EWN Reporter (@ewnreporter) February 28, 2018
#ShaunAbrahams Trengove: the law allows for the NDPP to resign, but must submit a request with reasons and the president must accept those reasons. BB— EWN Reporter (@ewnreporter) February 28, 2018
#ShaunAbrahams Trengove: refers to correspondence in which it's said it was never the NDPP (Nxasana) intention to resign because he considers himself a fit and proper person. BB— EWN Reporter (@ewnreporter) February 28, 2018