Jacob Zuma’s lawyer concedes: ‘We have no spy tapes case’

2014-08-15 12:08

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President Jacob Zuma’s lawyer has conceded in the Supreme Court of Appeal that the spy tapes which got Zuma off the hook on corruption charges should be made public.

Kemp J Kemp, Zuma’s advocate, this morning faced a barrage of questions from the five-judge bench of the court about there being no factual basis for his argument that the tapes formed part of Zuma’s confidential representations to the National Prosecuting Authority (NPA).

Kemp’s concessions were neatly summarised in an exchange with Justice Mahomed Navsa who said: “It was put to you (Kemp) that the only argument you could make ... is that the tapes are part of [Zuma’s confidential] representations and therefore covered by the order of the court.”

Navsa was referring to a previous appeal court order in which the court ordered the NPA to make available all documents relating to then acting NPA head Mokotedi Mpshe’s decision.

Kemp confirmed that this was his only argument and Navsa said: “When asked what the factual foundation for that [argument was] you could not give it to us ... [so] in effect you’re conceding the appeal?”

“That appears to be the case,” replied Kemp.

The foundation Navsa was referring to was the fact that Zuma’s legal team has put no affidavits in front of the court, from either Zuma or Mpshe, which showed how the transcripts revealed the contents of Zuma’s representations.

The court has also mooted the appointment of a senior advocate to decide whether NPA documentation, notes and memoranda related to the decision to drop charges against Zuma reveal the contents of his submissions so they can also be filed as part of the case.

Judgment has been reserved.

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