- The Presidency issued a statement confirming that Cyril Ramaphosa had withdrawn the appeal which had been launched by Jacob Zuma against he court's decision that Shaun Abrahams appointment was invalid
- The appeal had argued that only the president could appoint the head of the NPA
- The Constitutional Court would deliver its ruling on Wednesday to either uphold or set aside the Hight Courts decision
President Cyril Ramaphosa decided to withdraw his predecessor's appeal against the court ruling that Shaun Abraham's appointment was invalid and was set aside.
Jacob Zuma had appealed the court ruling a month before he resigned as state president. The state attorney delivered a letter informing the court of Ramaphosa's decision according to timeslive.co.za.
Briefly.co.za learned that the state attorney’s letter to Constitutional Court stated: “With the current regime change and after consultation with the current President of the Republic of South Africa‚ we are instructed to inform this Court‚ that the first respondent [the President] is no longer prosecuting its appear and therefore will not be present to argue the matter on 28 February 2018.”
The letter also said that Zuma was free to pursue the appeal in his personal capacity using his own legal representatives.
Lawson Naidoo‚ of the Council for the Advancement of the South African Constitution‚ said that Ramaphosa's withdrawal of the appeal would not impede the Constitutional Court from continuing with the matter.
The court had initially ruled that Jacob Zuma could not appoint a new head of the NPA due to a conflict of interest and that Ramaphosa would be given the responsibility. Zuma had appealed the decision on the grounds that only the president could appoint the head of the NPA.
Since Zuma is no longer head of the country there is no longer a conflict of interest. The Constitutional Court would deliver its ruling on whether it upholds the High Courts decision or sets it aside.
Shaun Abrahams has still not decided on whether Jacob Zuma would face the 783 counts of corruption, money laundering, fraud, tax evasion and racketeering.
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