NPA opposes Mbeki appeal

2008-09-26 16:24

Johannesburg - The National Prosecuting Authority (NPA) has lodged a notice of opposition to former president Thabo Mbeki's application directed at certain findings in the recent judgment by Judge Nicholson of the KwaZulu-Natal High Court in the Zuma case.

The NPA has opposed Mbeki's application on a limited basis, as they are lodging an appeal against the judgment and feel they may thus be prejudiced if findings are made before their appeal is heard.

Mbeki's application is directed at findings of political interference made by the High Court.

The National Director of Public Prosecutions is applying for leave to appeal to the Supreme Court of Appeal (SCA) against the entire Nicholson judgment.

"This means that the very issues that Mr Mbeki seeks to contest in this Court (ie the Constitutional Court), will or may also be before the SCA if the NDPP is given leave to appeal to that court," says the NPA.

"The NDPP respectfully submits that it is inappropriate, while this case is on appeal to the SCA, for some of the issues arising in the appeal to be determined by this Court at the behest of someone else. It would... unfairly expose the NDPP to a risk of prejudice in his case."

The NPA adds that it does not follow that Mbeki's application should necessarily be dismissed if these concerns of the NDPP be addressed in some other way.

"It might be possible for instance by postponing Mr Mbeki's application until after the NDPP's appeal to the SCA had run its course. Another possibility might be for this Court to direct that the entire matter including the NDPP's appeal come directly to this Court. If it should do so, the NDPP will co-operate in the implementation of this Court's directive."

The NPA will file its application for leave to appeal to the SCA next week.

- I-Net Bridge (News24)