Last year, the North Gauteng High Court declared that former President Jacob Zuma acted unconstitutionally in terminating former prosecutions boss Mxolisi Nxasana and replacing him with Abrahams.
The application was brought by civil society organisations, who challenged Nxasana's R17 million payout, which he has now been ordered to pay back as it was invalid.
Nxasana was appointed to the position in October 2013 but his fitness to hold office came under question a year later after a breakdown in the relationship with Zuma.
Zuma instituted a commission of inquiry into his fitness to hold office, which led to a legal battle. The legal battle ended with the R17 million settlement, while opening the way for the appointment of Abrahams.
The civil society organisations are urging that the Abrahams appointment was a product of Zuma’s unlawful abuse of power from which he sought to personally benefit by minimising his own risk of prosecution.
Abrahams and the National Prosecuting Authority are this morning appealing the order setting aside his appointment.
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