20 December 2017
The National Director of Public Prosecutions (NDPP), Adv Shaun Abrahams has been put on notice not to withdraw the fraud, corruption and racketeering charges against President Jacob Zuma pending the outcome of a Constitutional Court ruling. In a letter http://casac.org.za/npa_ndpp-18-12-2017/to the State Attorney (representing Adv Abrahams), lawyers for CASAC, the Legal Resources Centre has drawn Adv Abrahams’ attention to the directions issues by the Constitutional Court on Friday 15 December 2017.
Those directions followed CASAC’s application for an order confirming the decision of the full bench of the North Gauteng High Court delivered on 7 December (CASAC v the President of RSA & Others). CASAC’s application was made In terms of s.172 (2) of the Constitution which states that an order of constitutional invalidity is of no force until it has been confirmed by the Constitutional Court.
The Constitutional Court directions acknowledge the fact that Adv Abrahams is unable to take a decision relating to the charges against President Zuma because his very appointment is in dispute. In setting aside the unlawful settlement agreement with Mr Mxolisi Nxasana, the High Court also set aside the appointment of Adv Abrahams, pending the appointment of a permanent NDPP. The directions also state that any party wishing to oppose CASAC’s application must do so by 19 January 2018.
Adv Abrahams has been requested to provide CASAC with an assurance by 5 January 2018 that he will not withdraw the charges against President Zuma and that if he intends to do so, he gives CASAC two weeks’ notice of such intention. Should he not provide such an undertaking CASAC may apply for an interdict to this effect, and may also seek a personal costs order against Adv Abrahams.
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