LIVE: Judgment is reserved in NDPP matter involving Nxasana, Abrahams

2018-02-28 10:05

The Constitutional Court has heard an appeal in the case involving former National Prosecuting Authority head Mxolisi Nxasana and the future of his successor Shaun Abrahams.

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Last Updated at 18:04

Judgement is reserved. #Nxasana #ShaunAbrahams @TeamNews24
— Tammy Petersen (@TammyPetersen87) February 28, 2018

Trengove takes issue with Abrahams' 'unlawful windfall' seen as an abuse of presidential power by Zuma

The issue in this case is not about the matter of the Zuma prosecution. It is about the integrity of the NDPP and the attempt by Zuma to influence this issue.

Trengove says issue isn't who is more deserving, but what remedy there is to right the wrong of presidential abuse of power? #ShaunAbrahams #Nxasana @TeamNews24
— Tammy Petersen (@TammyPetersen87) February 28, 2018

Tengrove replies - there was no lawful vacancy until termination of #Nxesana appointment is reviewed and set aside. #ShaunAbrahams @TeamNews24
— Tammy Petersen (@TammyPetersen87) February 28, 2018

Tengrove: It is Abraham's duty as the NDPP head to resist any attempt to interfere with his independence.

Epstein says if concern is with #ShaunAbrahams taking decision on whether to prosecute Zuma or not, he may delegate a deputy to do this. Alternatively, president may after consultation with minister appoint a deputy national director to take the decision. #Nxasana @TeamNews24
— Tammy Petersen (@TammyPetersen87) February 28, 2018

We talk about state capture but the one thing that is captured in this country is the attention of the media about the spy tapes

Abrahams is ready to make the decision on Zuma charges, the nation is waiting but Casac does not want him to.

There is a misconception about Abrahams relating to the charges involving former president Jacob Zuma

Although resignation was procured, doesn't mean it should be set aside, Epstein says. #ShaunAbrahams #Nxasana @TeamNews24
— Tammy Petersen (@TammyPetersen87) February 28, 2018

#Nxasana had an option of going through an enquiry, Epstein says. #ShaunAbrahams @TeamNews24
— Tammy Petersen (@TammyPetersen87) February 28, 2018

#Nxasana was not duped, Epstein says. #ShaunAbrahams @TeamNews24
— Tammy Petersen (@TammyPetersen87) February 28, 2018

Danger in finding there was no vacancy. Pikoli also got a golden handshake, Epstein says. Means every appointment after that is not valid. #ShaunAbrahams #Nxasana @TeamNews24
— Tammy Petersen (@TammyPetersen87) February 28, 2018

#Nxasana took his bags, handed in his remote and security tag and left, Epstein says. Never intending to return until 2 years later. #ShaunAbrahams @TeamNews24
— Tammy Petersen (@TammyPetersen87) February 28, 2018

Irrational to use state funds to pay someone their salary for the remainder of their contract as well as pension, Epstein says.

Epstein says NDPP can walk out, but you lose your benefits. Once Nxasana entered into agreement, he was willing to leave but only if he got that amount of money.

Epstein asks where is the money paid to #Nxasana? He got R17.3m, pension and leave pay, he argues. #ShaunAbrahams @TeamNews24
— Tammy Petersen (@TammyPetersen87) February 28, 2018

Hilton Epstein, for #ShaunAbrahams, says there is no suggestion that Abrahams is not fit and proper for the office and that this is not at issue in this application. #Nxasana @TeamNews24
— Tammy Petersen (@TammyPetersen87) February 28, 2018

Hilton Epstein SC, for Shaun Abrahams, presents argument.

Hilton Epstein, for #ShaunAbrahams, says there is no suggestion that Abrahams is not fit and proper for the office and that this is not at issue in this application. #Nxasana @TeamNews24
— Tammy Petersen (@TammyPetersen87) February 28, 2018

Le Roux concludes her submissions.

Le Roux says when court is deciding case, concern should be for the office, not the occupant.

Would #Nxasana have stayed if not paid requested amount? Le Roux says she can't speculate. His position was always that he was there to do a job but exhausted every option to allow this. "You want me out, pay me my contractual worth." #ShaunAbrahams @TeamNews24
— Tammy Petersen (@TammyPetersen87) February 28, 2018

Le Roux says any adjudicator must view #Nxasana as a man in an untenable situation. Explored every option to no avail. Could we expect him to continue for another 8 years? #ShaunAbrahams @TeamNews24
— Tammy Petersen (@TammyPetersen87) February 28, 2018

Nxasana was not party to the alleged seduction; he thought it was outside of Section 12, Le Roux says.

Le Roux says criticism regarding settlement would be justified, but doesn't warrant Nxasana not being considered for reinstatement. Lawful, logical outcome would be for him to be reinstated.

Le Roux says its common cause that settlement agreement was unlawful, accepts repayment of money received. But affidavit provides with additional details on interaction between #Nxasana and the president. #ShaunAbrahams @TeamNews24
— Tammy Petersen (@TammyPetersen87) February 28, 2018

#Nxasana was alerted to the president's affidavit by a journalist who contacted him, Le Roux says. #ShaunAbrahams @TeamNews24
— Tammy Petersen (@TammyPetersen87) February 28, 2018

Nxasana always intended to abide and put up an affidavit, once the full record was there, Le Roux says.

#Nxasana told the court what had been happening, not the President, Le Roux says. #ShaunAbrahams @TeamNews24
— Tammy Petersen (@TammyPetersen87) February 28, 2018

Le Roux says Nxasana wasn't served with papers. But filed within a week. Found papers online.

High court focused on the extent of the delay, not even extent and cause, Le Roux says. No grappling with what the reason was. #Nxasana #ShaunAbrahams @TeamNews24
— Tammy Petersen (@TammyPetersen87) February 28, 2018

Settlement of R17m is for all claims of whatsoever nature arising from Nxasana's employment as NDPP, Le Roux says.

R17m is value of contract for full term. #Nxasana insisted on his contractual worth, Le Roux says. Letter outlining this makes clear its surrounding circumstances of a campaign against him, high court litigation, being undermined by subordinates which led to this. @TeamNews24
— Tammy Petersen (@TammyPetersen87) February 28, 2018

Nxasana's leadership was undermined, and there was a campaign to find dirt on him, Le Roux says.

Le Roux says #Nxasana was punished with an adverse costs order in the high court. He was late in filing his affidavit. #ShaunAbrahams @TeamNews24
— Tammy Petersen (@TammyPetersen87) February 28, 2018

Advocate Michelle le Roux for #Nxasana says he was subjected to a smear campaign. Says his story needs to be heard. Commission of inquiry on vague grounds. He was pushed into a settlement agreement, she says. #ShaunAbrahams @TeamNews24
— Tammy Petersen (@TammyPetersen87) February 28, 2018

Helen Suzman Foundation concludes its submission. Adjourn for lunch. Back at 13:45.

HSF: Court needs to recognise that serious findings made about #ShaunAbrahams and his independence. In light of the judgements by the high court, there is a concern. #Nxasana @TeamNews24
— Tammy Petersen (@TammyPetersen87) February 28, 2018

What to do about the factual result that Shaun Abrahams was appointed? Original "tender" was unlawful, HSF argues.

#ShaunAbrahams is reasonably perceived to be inadequately independent, HSF says. #Nxasana @TeamNews24
— Tammy Petersen (@TammyPetersen87) February 28, 2018

Perception is integral. Manner in which Shaun Abrahams had identified himself with Zuma was cause for concern. It became part of the enemy debate, HSF submits.

There is a perceived abandonment of #ShaunAbrahams' independence (Spy Tapes decision); high court found he had positioned himself with the president; severely criticised him for protecting Nomgcobo Jiba, HSF submits. #Nxasana @TeamNews24
— Tammy Petersen (@TammyPetersen87) February 28, 2018

International law obligations make it clear that #ShaunAbrahams can't remain in office, Helen Suzman Foundation submits. Independence needs depoliticisation of institutions. #Nxasana @TeamNews24
— Tammy Petersen (@TammyPetersen87) February 28, 2018

Budlender concludes his submissions.

It would be extraordinary if President Ramaphosa hasn't given some thought in terms of who he would appoint, Budlender says. #ShaunAbrahams #Nxasana @TeamNews24
— Tammy Petersen (@TammyPetersen87) February 28, 2018

On whether to prosecute Zuma, who will be prosecutor? How will he be prosecuted? Those decisions should be made by someone in who public can have confidence.

Budlender says it's common cause there have been factional wars in NPA with political undertones. #ShaunAbrahams #Nxasana @TeamNews24
— Tammy Petersen (@TammyPetersen87) February 28, 2018