Courts uphold DA appeal

By Drum Digital
20 March 2012

The Supreme Court of Appeal upheld an attempt by the DA on Tuesday for access to the records that led to the suspension of criminal charges against President Jacob Zuma in 2009.

The Democratic Alliance wants a review of the decision, by then acting National Director of Public Prosecutions Mokotedi Mpshe, to drop charges against Zuma before he was elected president.

The DA had called on the National Prosecuting Authority to produce the record of proceedings that led to the decision.

The court held that Mpshe's decision on April 6, 2009, to discontinue the prosecution of Zuma on corruption charges, would be subject to review.

The SCA ruled that Mpshe should hand over the record to the Registrar of the Supreme Court of Appeal within 14 days.

The record should, however, exclude written representations made on behalf of Zuma and any consequent memoranda or reports prepared in response, or oral representations, if their production would breach confidentiality agreements.

The SCA further held that the record should consist of the documents and material relevant to the review, including those before Mpshe when he made his decision.

NPA spokesman Mthunzi Mhaga said it would study the judgment to determine the next legal steps.

"We wish to state that we still stand by advocate Mpshe's decision and remind all that these were preliminary issues with no direct impact on his decision not to prosecute."

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