The former National Director of Public Prosecutions Shaun Abrahams has retired from the institution, News24 has learned.
Sources within the NPA have confirmed to News24 that the departure of Abrahams has been processed as a pension, which has advantages for him. It is unclear whether his benefits will be calculated at his last held position.
His departure comes after the Constitutional Court ruled that his appointment was unconstitutional.
Asked for comment on this issue, NPA spokesman Luvuyo Mfaku said: "Contractual issues between employer and employee are confidential, therefore we can not comment on the problem you raised because of confidentiality."
In the meantime, Nicole Fritz of Freedom Under Law said that his pension was not bad. She added, however, that "people have just left the office like [former crimes intelligence boss] Richard Mdluli or Shaun Abrahams, then disciplinary processes that have to be brought internally, are then brought to a halt ".
"It is a good thing that he is no longer with the national prosecutor, but also with that retirement [ends]… possible processes within the NPA for Shaun and that is unfortunate, because it is a failed opportunity for accountability. "
Lawson Naidoo, of the Council for the Promotion of the South African Constitution, said: "given his behavior as NDPP, his continued tenure at the NPA would naturally be untenable".
On 13 August Judge Mbuyiseli Madlanga said that the decision of former President Jacob Zuma to terminate the predecessor of Abraham Mxolisi Nxasana as National Director of Public Prosecutions was an abuse of power and that the Abrahams were a beneficiary of that abuse.
So the appointment of Abrahams was also unconstitutional.
READ: ConCourt finds Abrahams & # 39; nomination as NPA boss unconstitutional and invalid
On 8 December 2017, the Supreme Court of North Gauteng in Pretoria declared that Zuma's behavior in the case was unconstitutional.
In December 2017, Judge Dunstan Mlambo ordered President Cyril Ramaphosa – while he was still Vice President – to appoint a new head of the NPA after the court had declared the vacancy.
Mlambo decided that it would not only be for Nxasana to be restored and that, because of his pending corruption case, Zuma was in conflict with the naming of an NDPP.
READ: The judgment of the ConCourt & # 39; s Abrahams: 10 things you need to know
In June it became known that Ramaphosa waited for the judgment of the Constitutional Court on Abrahams before he made a decision about his position. He has had ninety days to appoint a new NDPP.
READ: Will Ramaphosa be satisfied with an insider for NPA top job?
Ramaphosa appointed Silas Ramaite as acting head of the NPA earlier this month.
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