Johannesburg

Monday

A few showers. More clouds than sun. Cool.

13°C
22°C

7 day forecasts

Zuma case 'defies Constitution'

2008-07-29 09:36

Durban - The National Prosecuting Authority's case against African National Congress president Jacob Zuma "smacks of an intent to prosecute Zuma in defiance of the Constitution".

This is contained in the heads of argument filed by Zuma's legal team in the Pietermaritzburg High Court on Monday.

Heads of argument are prepared by legal teams to set out their arguments in a clear and convincing way. Heads of argument generally indicate the name and number of the case, a description of the parties, the background facts, the legal questions that arise, the applicable law and a conclusion.

The State is expected to file its heads of argument on Wednesday.

Decision not to prosecute

According to Zuma's legal team, the former head of the National Prosecuting Authority Bulelani Ngcuka took a decision in August 2003 not to prosecute Zuma.

At the time Ngcuka announced Zuma would not be prosecuted despite prima facie evidence linking him to wrongdoing in the government's multi-billion rand arms acquisition deal.

This decision, say Zuma's legal team, has never been reversed by Ngcuka's successors Vusi Pikoli and Mokotedi Mpshe.

They are also arguing that if it was, he should have been advised of it and allowed to make representations in accordance with the provisions of the constitution.

"Section 179(5) clearly embodies constitutional protections against an unfair, over-hasty, arbitrary or incorrect change of a decision to prosecute or not," they claim.

Thoroughly considered

"It is clear that the decision of August 2003 was a thoroughly considered decision announced to the public with the awareness that greater publicity would attach to it (far greater than any Government Gazette). The Applicant (Zuma) himself was privately informed of the decision shortly before the public announcement."

Zuma's legal team argue that the only reason to have the decision to charge him declared unlawful, is because it violates the constitution.

"This application was never intended to deal with the rationality, reasonableness, validity or any other reason which may render the decisions to prosecute and the consequent bringing of charges invalid."

In concluding their head of argument, Zuma's team say: "Indeed, the relief sought by the respondent (the state) is astounding and smacks of an intent to prosecute Zuma in defiance of the Constitution... "

- SAPA

inside news24

Cpt: 15-24°C Sunny. Mild. Pta: 15-24°C A few showers. Mostly cloudy. Mild.
Jhb: 13-22°C A few showers. More clouds than sun. Cool. Bloem: 11-26°C Sunny. Pleasantly warm.
Dbn: 15-18°C A few showers. Mostly cloudy. Cool. PE: 12-18°C Showers early. More sun than clouds. Mild.
7 day forecasts...
Western Cape Eastern Cape Kwazulu Natal Gauteng

Sunninghill - 08:18:25 AM Lane closures for roadworks between the Buccleuch Interchange and the Rivonia Road exit - expect delays More traffic reports...

Here are the winning Lotto numbers from the Saturday, November 14 draw.

3, 11, 19, 29, 35, 36  Bonus 27

Lotto plus: 1, 18, 23, 28, 30, 33 Bonus 43

SMS the word Lotto to 31222 to get lotto numbers sent directly to your phone.
More lotto numbers...

Jobs - Find your dream job

Cars - Search 1000's of new and used cars

AUDI

2008 A4 1.8T Multitronics from R 269 000

TOYOTA

Yaris T3 Sedan 1.3 Plus
2008
R 117,900.00

PEUGEOT

206 XT 2.0 HDi 5-dr Dsl
2005
R 128,660.00

RENAULT

Clio 1.4 RT 5-dr
2001
R 50,900.00

Property - Find a new home

FAERIE GLEN

Single Residential R4,200,000

DIAS

Single Residential R2,200,000

THE LINKS

Single Residential R2,550,000

Travel - Look, Book, Go!

Free Games - TOO MUCH NEWS? TAKE A BREAK!