Pretoria – The Presidency announced on Friday that it would appeal a judgment by the North Gauteng High Court seeking the removal of the current National Director of Public Prosecutions.

"Whilst the President awaits a full briefing on the judgement, he has been advised that an early assessment displays, with respect, various grounds upon which a successful appeal may be prosecuted," the Presidency said in a statement.

Earlier, the court ruled that Advocate Shaun Abrahams must vacate his seat as NDPP.

Judge Dunstan Mlambo further ruled it would not be just for the former prosecutions boss Mxolisi Nxasana to be reinstated and that due to his pending corruption case, President Jacob Zuma was conflicted in appointing an NDPP.



Mlambo has ruled that Deputy President Cyril Ramaphosa must appoint a new NDPP in the next 60 days.

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.

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"The National Prosecuting Authority is an important institution in our constitutional democracy, appointments in respect of which are not made lightly," the Presidency said.

"Together with judges, who likewise are appointed by the President, the National Director of Public Prosecutions plays a vital role in the criminal justice system. Minded by the principle of the separation of powers, constitutional legality and the rule of law, the judgement will be appealed.

"Out of deference to the court and the judicial system, these grounds will be properly ventilated in the normal course in court proceedings."