SCA rules against Zuma and NPA in spy tapes appeal — Newsflash

Lester Mason
October 13, 2017

The matter of whether President Jacob Zuma will face corruption charges is back in the hands of the National Prosecuting Authority (NPA).

The NPA and Zuma had asked for leave to appeal the Gauteng High Court's decision which ruled that the setting aside of corruption charges, by then NPA head Mokotedi Mpshe, against Zuma was irrational.

Justice Eric Leach, reading out the judgment, said the order by the high court "cannot be faulted".

Kemp said that if the SCA finds that Mpshe did not make a rational decision, then someone would have to make a rational decision on that basis.

The case was scrapped a month before Zuma, 75, became president in 2009 after recorded phone calls indicated the investigator's actions may have been politically motivated.

The Supreme Court of Appeal found that the motivation behind the timing of serving the indictment would not affect prosecution. He also conceded that a decision to withdraw charges that was based exclusively on the timing of the indictment was irrational.

But the NPA indicated that it wanted prosecutions boss Shaun Abrahams to have another bite of the cherry and decide afresh if Zuma should be charged.

The SCA's decision was not a surprise after counsel for the NPA and Zuma conceded that Mpshe's decision was taken under the wrong section of the Constitution and that - in line with an earlier judgment of the Constitutional Court, this invalidated the decision.

"The court [Supreme Court of Appeal] has not done that".

Other reports by Iphone Fresh

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