Shaun Abrahams. Picture: FINANCIAL MAIL
Shaun Abrahams. Picture: FINANCIAL MAIL

National Prosecuting Authority (NPA) boss Shaun Abrahams is arguing that his appointment was approved by Cabinet — which deputy president Cyril Ramaphosa is part of.

This forms part of his and the NPA’s argument in appeal papers lodged in the Constitutional Court. They are appealing a High Court judgment which set aside his appointment as National Director of Public Prosecutions (NDPP).

In December, the High Court in Pretoria ordered that Ramaphosa appoint the NDPP because President Jacob Zuma himself was conflicted. Zuma is meant to submit fresh representations to the NPA by January 31 as to why he should not face charges of fraud, corruption and racketeering.

Abrahams has been accused of protecting Zuma.

Zuma himself lodged a notice to appeal the High Court judgment in the Constitutional Court.

"The appointment powers of the president are in any event constrained by the need to act with the concurrence of Cabinet (in which the deputy president serves)," the NPA and Abrahams reportedly said in papers lodged with the High Court.

Eyewitness News reported that the two were also arguing that the High Court was wrong to speculate that Zuma settled with former NPA head Mxolisi Nxasana and appointed Abrahams because he was "less likely" to charge Zuma.

The case was initially brought by Corruption Watch, Freedom Under Law and the Council for the Advancement of the South African Constitution, which moved to annul the golden handshake given to Nxasana by Zuma. Nxasana’s removal paved the way for Abrahams’s appointment.