On Monday, 20 November 2017, the North Gauteng High Court in Pretoria will hear the matter concerning a decision taken by President Jacob Zuma and the Minister of Justice to remove Mr Mxolisi Nxasana as the National Director of Public Prosecutions (NDPP) in 2015 through a settlement agreement which exceeded R17 million, reflecting the full salary for the remainder of his term of appointment.

The application, launched by Corruption Watch, Freedom Under Law and the Council for the Advancement of the South African Constitution (CASAC), seeks an order declaring invalid the removal of Mr Nxasana, as they maintain that Mr Nxasana had not requested to vacate his office (as is required by the National Prosecuting Authority Act).

The case fundamentally concerns the independence of the National Prosecuting Authority (NPA).  The Helen Suzman Foundation (HSF), acting as a friend of the court (amicus curiae), intends to make oral submissions regarding the structural and operational independence that is required of the office of the NDPP in light of the Bill of Rights and South Africa’s international law obligations, and how this impacts on the interpretation of the relevant legislation.

The HSF’s written submissions can be found here.

 

Issued by Helen Suzman Foundation