Zuma judgment in January

2008-11-28 22:16

Bloemfontein - The Supreme Court of Appeal on Friday reserved judgment until January 12 in the National Prosecuting Authority's appeal against a high court ruling which effectively halted the prosecution of ANC president Jacob Zuma.

Deputy Judge President Louis Harms said the expectation was that judgment would be delivered on January 12. If there was a delay, a notice would be issued.

Earlier in the day, Advocate Kemp J Kemp, for Zuma, received a grilling from the five judges hearing the appeal over Zuma's claim that he should have been allowed to make representations before being charged.

Kemp argued that apart from it being provided for in legislation, Zuma was entitled to a legitimate expectation of representation because of a "cumulative effect" of the events which had transpired since the allegations against him arose.

Judge Mandisa Maya asked Kemp to explain Zuma's legitimate expectation simply, but Kemp said he could not.

Judge Azar Cachalia said: "In fact what you want them to do is disclose all their evidence and in fact what you wanted to do was conduct the trial through representation."

The NPA is seeking to have Judge Chris Nicholson's September 12 judgement 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 also claimed that the NDPP's decision to charge him should have been reviewed.

He said that the legislation provided "an opportunity to look at the decision in the light of what went before" and that "striking the matter from the roll terminates the charges, but it does not terminate the decision (to charge)".

In September 2006, Judge Herbert Msimang struck the State's case from the roll after the NPA sought a postponement.

The State had maintained that the decision in December last year to charge Zuma was a new decision and not a review of a previous decision.

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

- SAPA