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Cape Town - President Jacob Zuma has filed a notice of appeal in the Constitutional Court over the North Gauteng High Court's ruling that the deputy president should appoint a new National Director of Public Prosecutions (NDPP).
The grounds for the appeal include that the court erred in holding that Zuma, who was found to be "conflicted", was unable to perform his powers as president in terms of appointing an NDPP, but that he was able to perform his other functions as president. This was a position not authorised by the Constitution, the papers stated.
"The court a quo erred in law in holding to be Constitutionally permissible to have two presidents in the country at the same time and both exercising presidential powers," the papers, which were filed on Thursday, read further.
Also read: 'Conflicted' Zuma stripped of his powers to appoint NPA boss
In December, the High Court in Pretoria ruled Advocate Shaun Abrahams, the national director of public prosecutions, must vacate his seat.
Zuma’s pending corruption case resulted in him being “conflicted” in appointing an NDPP, Gauteng Judge President Dunstan Mlambo ruled.
Deputy President Cyril Ramaphosa was at the time to appoint a new NDPP within next 60 days.
The court at the time further ruled that it would not be just for former prosecutions boss Mxolisi Nxasana to be reinstated.
Freedom Under Law, Corruption Watch and the Council for the Advancement of the South African Constitution (Casac) had gone to court seeking an order declaring Nxasana’s removal invalid.
Nxasana accepted a golden handshake from Zuma worth R17.3m and left the National Prosecuting Authority (NPA) in 2015.
Before that, an inquiry into his fitness to hold office was abruptly halted without explanation.
The applicants wanted his removal set aside and the golden handshake repaid.
