We will 'interrogate' SCA spy tapes ruling - NPA

2017-10-13 11:51
President Jacob Zuma (Karen Bleier, AFP)

President Jacob Zuma (Karen Bleier, AFP)

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

Bloemfontein – The National Prosecuting Authority (NPA) on Friday said it will consider and "interrogate" the judgment delivered by the Supreme Court of Appeal in President Jacob Zuma's "spy tapes" saga.

Justice Eric Leach delivered the much-anticipated ruling on Friday, dismissing the NPA and Zuma's appeal against a 2016 decision by the High Court in Pretoria that found the NPA's decision to drop the corruption charges against Zuma that related to fraud, racketeering and money laundering was irrational.

"We heard the judge say it was a 47 page judgment, [and] we need to consider the judgment before we engage South Africans," NPA spokesperson Luvuyo Mfaku said.

FOLLOW - LIVE: DA wants Zuma court case to start urgently

"The NPA will at all times do the right thing within the confines of the rule of law and in the interest of proper administration of justice."

The appeals were dismissed with costs.

The ruling said the authenticity and legality of the recorded conversations which former NPA boss Mokotedi Mpshe considered vital to his decision to discontinue the prosecution were not beyond doubt.

Leach said that since the recorded conversations were considered vital, greater thought ought to have been given by the NPA.

'Political conspiracy'

He said the reasons for discontinuing the prosecution provided by Mpshe "do not bear scrutiny for the record themselves" on which he relied upon.

In September 2008, Pietermaritzburg High Court Judge Chris Nicholson dismissed criminal charges against Zuma, citing a political conspiracy to influence the case by former president Thabo Mbeki and others.

Nicholson's decision was taken to the Supreme Court of Appeal, and overturned. Zuma subsequently appealed this in the Constitutional Court, setting in motion a direct approach to the NPA to make written and oral representations on why the case should be dropped.

READ - Adriaan Basson: What the spy tapes ruling means for Zuma's future

On April 6, 2009, Mpshe said recordings of telephone conversations between then-Scorpions boss Leonard McCarthy and former NPA boss Bulelani Ngcuka, showed political interference in the decision to charge Zuma.

The two were recorded discussing the timing of bringing charges against Zuma. The charges related to his alleged involvement in the country’s multi-billion rand arms deal.

The 18 charges were subsequently withdrawn, just before Zuma was sworn in for his first term as president.

About-turn

The DA has been fighting to have the charges reinstated.

In 2016, a full bench of judges overturned the NPA's decision to drop the corruption charges.

Both the NPA and Zuma turned to the SCA after the High Court denied them direct access for an appeal.

But last month Zuma and the NPA made an about-turn and conceded that Mpshe's decision not to prosecute Zuma was irrational.

Advocate Kemp J Kemp, SC, for Zuma, told the full bench of justices that he believed that the NPA had erred in their decision.

"Let’s take it a step further – in other words, they made an irrational decision?" Justice Azhar Cachalia quizzed Kemp.

"That is then correct, yes," Kemp replied at the time.

Kemp said that if the SCA finds that Mpshe did not make a rational decision, then someone would have to make a rational decision on that basis.

KEEP UPDATED on the latest news by subscribing to our FREE newsletter.

- FOLLOW News24 on Twitter

Read more on:    sca  |  npa  |  jacob zuma  |  bloemfontein  |  crime  |  politics  |  courts

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.
NEXT ON NEWS24X

Inside News24

 
ADVERTORIAL
Competition regulation for a growing and inclusive economy

ADVERTORIAL: The Competition Commission of South Africa is conducting advocacy work in the South African automotive aftermarket industry and has gazetted a Draft Code of Conduct for public comment.

/News
Traffic Alerts
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

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.