'No plan to never charge Zuma'

2008-11-28 12:36

Bloemfontein - There was never any decision not to prosecute ANC president Jacob Zuma "forever", Advocate Wim Trengove told the Supreme Court of Appeal on Friday.

In his August 2003 finding that there was prima facie evidence of corruption against Zuma, but not enough to win the case in court, former NPA boss Bulelani Ngcuka had made it clear that "this is our decision for now", Trengove submitted.

"He never made a promise that no charges would be laid in the future."

NPA appeal

The NPA is seeking to have a Pietermaritzburg High Court ruling on September 12 by Judge Chris Nicholson overturned on appeal.

Nicholson ruled that the NPA's decision to charge Zuma was unlawful because he had not been allowed make representations to the National Director of Public Prosecutions before he was charged.

Zuma has claimed that he had a legitimate right to make representations to the NPA after it reversed their decision not to prosecute him.

Zuma's legal team has also claimed that the NDPP's decision to prosecute last year constituted a reversal of Ngcuka's 2003 decision.

Review

Earlier, Trengove told the court it made no sense for NDPP decisions to be subject to review, while those of his juniors were not.

Trengove said members of the NPA at "lower levels" were not subject review when they reversed their own decisions and that it was "wholly illogical" for only the National Director of Public Prosecutions to be subject to review.

It has been claimed that in terms of section 179(5) of the constitution, the NDPP needed to consult with a Director of Public Prosecutions.

The State has argued that the NDPP needed to consult with a DPP only when he was reversing that DPP's decision to not to prosecute.

- SAPA