Freedom Under Law (FUL) welcomes today's ruling by the North Gauteng High Court in the case of Corruption Watch and Freedom Under Law v The President of the Republic of South Africa and others.

In a hard-hitting judgment, a full bench of the High Court found that the settlement agreement concluded between the President and Mr Nxasana, former NDPP, was unlawful and is set aside; that the termination of Mr Nxasana's appointment was unconstitutional and is set aside; that the subsequent appointment of Mr Abrahams is invalid and set aside; and that the President, owing to conflict, may not appoint, remove or suspend an NDPP but that the Deputy President is to do so.

The judgment today signals the critical importance of the independence of the National Prosecuting Authority to the health of our constitutional democracy. Persons at its head must be of unimpeachable integrity and there can be no suggestion that political interference enters into into their removal or appointment.

 

Issued by Freedom Under Law