Judgment has been reserved in a high court case where civil rights organisations are challenging the "golden handshake" extended to former National Prosecuting Authority boss, Mxolisi Nxasana.
Advocate Jeff Budlender, acting on behalf of Freedom Under Law, Corruption Watch and CASAC, is motioning for the court to declare the deal between President Jacob Zuma and Nxasana unlawful.
The groups want Nxasana to be reinstated because they say he is entitled to the position from which he was removed.
#NPAleadership judgment reserved.— Karyn Maughan (@karynmaughan) November 21, 2017
Budlender argues for CASAC that it is "constitutionally intolerable" for there to be no real consequences for declaration that #Nxasana deal was illegal. President and NPA just want Nxasana to pay back money, no consequences for them.— Karyn Maughan (@karynmaughan) November 21, 2017
Hilton Epstein argues for NPA and #ShaunAbrahams— Karyn Maughan (@karynmaughan) November 21, 2017
He begins by stating R17million settlement deal given to #MxolisiNxasana is irrational, slams him for not formally offering to pay back money
"For two years he's kept it, and he's waiting for court to tell him to give it back"
In 2015, Zuma awarded Nxasana a R17-million settlement deal in exchange for vacating his office. This made way for the appointment of Shaun Abrahams.
IOL reported that Judge President Dunstan Mlambo, who is leading the the full bench in the application, questioned whether it would be fair towards Abrahams to replace him with Nxasana.
Advocate Hilton Epstein led arguments for the NPA.
#Nxasana Epstein: says there is nothing precluding the NDPP from unilateral resigning, despite sections of NPA Act - otherwise you have indentured labour. BB— Barry Bateman (@barrybateman) November 21, 2017
#Nxasana Epstein: he cannot be rewarded for his opportunism - he says he made an error, took money he was not entitled to and now wants his job back. BB— Barry Bateman (@barrybateman) November 21, 2017
Epstein concedes that #MxolisiNxasana settlement deal was illegal and "must fall to the ground".— Karyn Maughan (@karynmaughan) November 21, 2017
"But one must separate what he did from his motive...he left".