NDPP gets tongue-lashing from SCA

2014-08-29 05:00

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Bloemfontein - The office of the National Director of Public Prosecutions received an unprecedented tongue-lashing in the "spy tapes" order handed down by the Supreme Court of Appeal on Thursday.

The SCA said it recently, in another matter, criticised the office of the NDPP for being "less than candid and forthcoming".

"In the present case, the then [acting] NDPP, Ms [Nomcobo] Jiba, provided an ‘opposing’ affidavit in generalised, hearsay and almost meaningless terms. Affidavits from people who had first-hand knowledge of the relevant facts were conspicuously absent," the SCA said in its ruling on Thursday.

"Furthermore, it is to be decried that an important constitutional institution such as the office of the NDPP is loath to take an independent view about confidentiality, or otherwise, of documents and other materials within its possession, particularly in the face of an order of this court.

"Its lack of interest in being of assistance to either the high court or this court is baffling."

The SCA ends its ruling by saying: "This conduct is not worthy of the office of the NDPP. Such conduct undermines the esteem in which the office of the NDPP ought to be held by the citizenry of this country."

The NPA, in reaction to the judgment, said on Thursday afternoon it would diligently and swiftly implement the order of the Supreme Court of Appeal in regard to the so-called spy tapes.

Spokesman Nathi Mncube said the NPA stated throughout the applications that it would abide by the order of the court.

"NPA is a constitutional institution that upholds the rule of law, and understands the serious consequences of failing to comply with the court order," he said.

The SCA held on Thursday that within five days, the NPA had to comply with a previous order, in an application brought by the Democratic Alliance, to release the spy tapes. This includes the actual recordings, internal memoranda, reports and minutes of meetings dealing with the contents of the recordings.

Conversations on the recordings were cited as a reason to drop fraud and corruption charges against Zuma, shortly before he was sworn in as president in 2009.

The tapes allegedly reveal collusion between the former heads of the Directorate of Special Operations, the now defunct Scorpions, Leonard McCarthy, and the NPA's former head Bulelani Ngcuka, to manipulate the prosecutorial process before the ANC's Polokwane conference in 2007.

Zuma was elected ANC president at the conference.

At the time, acting NPA boss Mokotedi Mpshe said it was shown there was a political conspiracy against Zuma and so the case could not continue.

Thursday's judgment ordered that the NPA deliver the documents to retired KwaZulu-Natal high court judge Noel Hurt within five days.

Hurt will now go through the documents and transcripts to mark the documents containing Zuma's confidential written or oral representations to the NPA and leave that out of the bundle to the DA.

The SCA held Hurt's ruling would be final and binding on the parties.

Read more on:    sca  |  ndpp

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
Comments have been closed for this article.

Inside News24

How much food do you need to concentrate?

We have been taught that we need three meals a day in order to make it through the day and while most of us indulge in more than our fair share there is a large portion of South Africans who are living off barely enough to sustain them.


Book flights

Compare, Book, Fly

Traffic Alerts
There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.