Prosecutions boss Shaun Abrahams cannot stay in the job

A majority ruling by the Constitutional Court on Monday found that Shaun Abrahams was invalidly appointed as national director of public prosecutions at the National Prosecuting Authority - because former president Jacob Zuma illegally “bought” Mxolisi Nxasana out of office with a massive payout.

Judge Mbuyiseli Russel Madlanga questioned why Zuma had failed to pursue an inquiry into Nxasana‚ but instead abandoned it to pay him to leave his post.

"The inference is inescapable that he was buying Mr Nxasana out of office."

The judge further said that allowing Nxasana to return to office would prolong the instability at the NPA because President Cyril Ramaphosa may institute an inquiry into his fitness for taking Zuma’s R17.3-million payout.

In December 2017‚ three Pretoria High Court judges found that the settlement deal Zuma gave to Nxasana to leave his position was invalid and violated the NPA Act.

Nxasana maintained that he was removed because Zuma feared that he intended to prosecute him for corruption. However‚ his affidavit detailing these claims was not admitted into evidence because it was filed too late.

While not entertaining Nxasana’s evidence that Zuma’s campaign to remove him was driven by paranoia and self-interest‚ the high court found that he had not asked to be allowed to leave his post but rather “was persuaded to vacate the office by the unlawful payment of an amount of money substantially greater than that permitted by law”.