Hello 

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.

Settings

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.

 
 

Zuma case 'defies Constitution'

2008-07-29 09:36
line

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

 
1 of 10

140
1

Latest comment in South Africa

Silvana says... I couldn't read past the 1st paragraph. It's just so sickening. Shove a gumpole up his a*#end tell him you don't understand why he is injured. Bloody inbred moron. Read the article...

 
Traffic
Lottery
 
  • Friday Carletonville - 10:01 AM
    Road name: N14
    ROAD CLOSED due to a large sink-hole between the two Carletonville exits - traffic is diverted onto a local bypass route
  • Sunday Volksrust - 07:33 AM
    Road name: N11 Both Ways
    Stop / go controls for construction works at Majuba Pass - expect delays between Volksrust and Newcastle
  • Monday Centurion - 15:41 PM
    Road name: Jean Avenue
    ROAD CLOSED between Rabie Street and Gerhard Street for sink hole repair works
 
More traffic reports...
 

Jobs [change area]

Cars[change area]

FIAT

Linea 1.4 Emotion
2011
R 129,990.00

VOLKSWAGEN

CitiGolf 1.4i 5-dr MY04
2006
R 62,995.00

TOYOTA

Corolla 2.0 D-4D Exclusive Dsl MY10
2011
R 224,900.00

Property [change area]

Travel - Look, Book, Go!

Romance at the President

Spend two nights at the Protea Hotel President in Cape Town from R2601 per person sharing. Includes return flights, taxes, car hire and accommodation. Book Now!

Kalahari.com - shop online today

The Big Mama Sale

The Big Mama Sale is now on. Get up to 80% off Books, Music, DVDs, Games, Electronics, Toys & Gifts. Shop now.

Electronics on Sale

Up to 80% off electronics + 24hr delivery. Shop now.

50% Off Educo toys

Join the Big Mama Sale madness at kalahari.com and get 50% off all Educo toys for your kids. Terms and conditions apply. Shop now.

Books on Sale

Up to 80% off books & 1000s Of books to choose from. First come, first served. While stocks last. Shop now.

Blu-ray special offer

Buy 10 blu-rays and get a free Sony blu-ray player. Offer valid while stocks last. Shop now.

OLX Free Classifieds [change area]

Drain & Pipe Inspection System

For Sale, Garage Sale in South Africa, Gauteng, Johannesburg. Date January 21

2011 Mazda 2 1.5 Dynamic

Vehicles, Cars in South Africa, Gauteng, Johannesburg. Date January 22

Estimator

Jobs, Engineering Jobs - Architecture Jobs in South Africa, Gauteng, Johannesburg. Date January 21

The Big Mama Sale

The Big Mama Sale is now on. Get up to 80% off Books, Music, DVDs, Games, Electronics, Toys & Gifts. Shop now.

Visit www.kalahari.com for millions of books, music, DVDs, games & more!

Nokia Lumia 800

The stunningly social Nokia Lumia 800 features head-turning design, ...

From R5699.00

I'm shopping for:

A local community where you can meet people, upload photos, videos and loads more...
There are new stories on the homepage. Click here to see them.