Freedom Under Law (RF) NPC v National Director of Public Prosecutions and Others (89849/2015) [2015] ZAGPPHC 759

20th November 2015

Freedom Under Law (RF) NPC v National Director of Public Prosecutions and Others (89849/2015) [2015] ZAGPPHC 759

"Before me was what can essentially be described as an urgent application for interim relief (the so-called Part A portion of the notice of motion) to interdict two very senior members of the National Prosecuting Authority from discharging any function or duty in their mentioned official capacities pending the final determination of the Part B section of the application, which is for final relief, in this case aimed at reviewing and setting aside a certain decision taken by the first respondent, and also the reviewing and setting aside of the failure by the fifth respondent (the State President) to take certain decisions. 

"There is ancillary relief sought in the form of a mandamus to compel the fifth respondent to institute enquiries, in terms of the National Prosecuting Authority Act, no 32 of 1998 ("the NPA Act"), into the fitness of these two senior officials, the third and the sixth respondents, to hold office."