The National Prosecuting Authority and national director of public prosecutions Shaun Abrahams will appeal the judgment of the full bench of the Pretoria High Court in which Abrahams’ appointment was reviewed and set aside.

The judgment was delivered on Friday by Gauteng judge president Dunstan Mlambo, in which the court ordered that Zuma is too conflicted to appoint the NDPP, and that it must be done by the deputy president.

The judgment followed a review application to set aside the settlement agreement between Zuma, the minister of justice and former NDPP Mxolisi Nxasana. The settlement was reviewed and set aside, and the court ordered that Nxasana must pay back his R17 million golden handshake.

NPA spokesman Luvuyo Mfaku said in a statement the NPA and Abrahams have served their notice and application for leave to appeal against the judgment of the full bench of the Gauteng High Court.

"We deem it prudent to record that the order is suspended for a period of 60 days. Adv Shaun Abrahams therefore remains in his position as National Director of Public Prosecutions," Mfaku said.

The court order indicated that declaring the settlement of Nxasana invalid, as well as reviewing and setting aside Abrahams’ appointment, was suspended for a period of 60 days or until the deputy president has appointed a new NDPP, "whichever is the shorter period."

Mfaku said Abrahams’s appointment brought much needed stability to the NPA and under his stewardship, the NPA achieved its best performance over the last two years since its inception in 1998. In the 2016/2017 performance cycle, the organisation achieved 88% of the targets agreed to with Government.

The judgment was however scathing, making it clear that the Constitution will not be vindicated if Abrahams continued to hold office, and that it was not just and equitable.

"As remarked above, the president will have achieved (if Abrahams stays), through unlawful means, precisely what he had wished to attain all along (get rid of Nxasana)," the judgment read.

The presidency had indicated in a statement on Friday that the president will appeal the judgment.