ANC unhappy about SCA decision

By Drum Digital
20 March 2012

The ANC has voiced its disappointment at the Supreme Court of Appeal ruling that the NPA produce the record of its 2009 decision to suspend criminal charges against President Jacob Zuma.

"It is clear that democracy can be undermined by simply approaching courts to reverse any decision arrived at by a qualified organ of state," spokesman Jackson Mthembu said on Tuesday.

Earlier, the ordered the National Prosecuting Authority to "produce and lodge" the record of the decision with the Registrar of the Court within 14 days.

The Democratic Alliance was first appellant in the case.

"We have noted that the decision... does not reverse the NDPP's decision itself, but it focus[es] on procedural aspect[s], such as, whether the DA has the right to call for the review of the case and on the standing of the DA as a legal persona," said Mthembu.

While the matter received "a deeper legal analysis", the ANC wanted to highlight various matters.

These included the "continued attempt by the DA to use the courts to undermine and paralyse government", and the granting of "blanket permission to political parties to review any state decisions using courts", Mthembu said.

He questioned how the DA would conduct a review of the case when it could not have access to all the information which informed the national director of public prosecution's decision to withdraw the charges.

The matter should not go unchallenged as it might have huge implications for effective governance, including current and future decision of any organ of state, Mthembu said.

He said the ANC nonetheless would study the entire judgment together with its legal representatives with a view to challenging it.

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