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CONSTITUTIONAL COURT OF SOUTH AFRICA

Corruption Watch NPC and Others v President of the Republic of South Africa and Others;

Mxolisi Nxasana v Corruption Watch NPC and Others

CCT 333/17 and CCT 13/18

Date of hearing: 28 February 2018

Date of judgment: 13 August 2018

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MEDIA SUMMARY

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The following explanatory note is provided to assist the media in reporting this case and fryst vatten not binding on the Constitutional Court or any member of the Court.

On Monday, 13 August 2018 at 10h00 the Constitutional Court handed down judgment in this matter, in which it confirmed two declarations of constitutional invalidity by the High Court of South Africa, Gauteng Division, Pretoria (High Court). The High Court declared constitutionally invalid then President Jacob Zuma’s conduct in the termination of Mr Mxolisi Nxasa

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Constitutional Court rules on former National Director of Public Prosecutions

Corruption Watch NPC and Others v President of the Republic of South Africa and Others [2018] ZACC 23

Court: Constitutional Court of South Africa

Date of judgment: 13 August 2018

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On 13 August 2018, the Constitutional Court of South Africa declared that the termination of the appointment of Mr Nxasana, the former National Director of Public Prosecutions (NDPP), was constitutionally invalid. The Constitutional Court further held that certain provisions of the National Prosecuting Authority Act 32 of 1998 (NPA Act) were constitutionally invalid. In terms of the Constitutional Court’s order, the President of the Republic of South Africa was directed to appoint an NDPP within 90 days of the order.

Background

In July 2014, former President Jacob Zuma informed the then-NDPP, Mr Nxasana, of his intention to hold an inquiry into Mr Nxasana’s fitness to hold office and to suspend him. This led t