The Presidency notes the ruling by the Constitutional Court on the NDPP

The Presidency has noted the ruling today, Monday 13 August 2018, by the Constitutional Court that declares as invalid and unconstitutional the appointment of Advocate Shaun Abrahams as National Director of Public Prosecutions (NDPP), and the removal of his predecessor, Mr Mxolisi   Nxasana but declining to reinstate Mr Nxasana.

The Presidency is currently studying the judgment, cognisant of the order of the Court directing the President to appoint a National Director of Prosecutions (NDPP) within 90 days of this order. 

In studying this judgment, The Presidency is guided by the undertaking given by President Cyril Ramaphosa in the February 2018 State of the Nation Address that South Africa’s law enforcement institutions would be strengthened and shielded from external interference or manipulation. 

President Ramaphosa also undertook that urgent attention would be given to leadership issues at the National Prosecuting Authority “to ensure that this critical institution is stabilised and able to perform its mandate unhindered”. 

In terms of Section 179(1) (a) of the Constitution, a National Director of Public Prosecutions, is appointed by the President, as head of the national executive. 

Steps to be taken arising from the Constitutional Court judgment will be communicated in due course. 

 
Media enquiries: Khusela Diko, Spokesperson to the President, on 072 854 5707.

Issued by: The Presidency
Pretoria