President Cyril Ramaphosa has withdrawn the appeal at the Constitutional Court against the court ruling that NPA head, Shaun Abrahams, should vacate his position.
“President Cyril Ramaphosa has indicated to the Constitutional Court that he will withdraw the appeal filed in the matter of Corruption Watch and Others v The President of the Republic of South Africa, which concerns the appointment of the National Director of Public Prosecutions (NDPP),” the Presidency said in a statement on Friday evening.
Former president Jacob Zuma, had appealed the High Court in Pretoria’s ruling last year that Abrahams leave the top post at the NPA.
The court ruled that then President Zuma was conflicted in the matter of appointing an NPA head because he faced possible prosecution on corruption charges. Abrahams is still appealing the matter – which goes to court on Wednesday next week.
According to the Presidency, the only issue that had been appealed by the President of the Republic was whether or not the former President or his then Deputy should appoint the NDPP.
That matter is now moot.
“At its hearing on Wednesday, 28 February 2018, the Constitutional Court will also be considering whether or not to confirm the High Court’s decision that some sections of the National Prosecuting Authority Act – those dealing with suspension of the NDPP – are unconstitutional,” the Presidency said.
President Ramaphosa has indicated that he will no longer prosecute the appeal in this matter and will therefore not be present in court to argue the matter on 28 February.