News24

DA can challenge decision to drop Zuma charges

2012-03-20 13:03

Johannesburg - The decision to drop corruption charges against President Jacob Zuma can be challenged by the Democratic Alliance in court.

This was the unanimous finding of a Supreme Court of Appeal decision handed down by the court on Tuesday.

The DA had taken the NPA and Zuma to court over the decision by acting national director of public prosecutions Mokotedi Mpshe to drop corruption charges against Zuma in 2009, shortly before he became president of the country.

Last year, the North Gauteng High Court found that a political party such as the DA did not have the standing, or right, to bring such a case before the court.

Unanimous decision

But the SCA on Monday ruled that a decision to discontinue a prosecution was subject to review under the principle of the rule of law, contained in the Bill of Rights.

In a unanimous decision written by Judge Mahomed Navsa, the court emphasised that the exercise of public power was limited in a constitutional democracy, and that the courts had the power to regulate the exercise of public power.

“[The rule of law] is a concept that we, as a nation, must cherish, nurture and protect. We must be intent on ensuring that it is ingrained in the national psyche.

“It is our best guarantee against tyranny, now and in the future,” the court found.

DA has right to challenge ruling

The court found that it was of “fundamental importance” that the NPA acts in a manner consistent with Constitutional prescripts.

It also found that a political party like the DA had the right to challenge the decision, because it has an interest in ensuring that public power is exercised in accordance with the Constitution.

The SCA also ordered the NPA to lodge a record of the material used by Mpshe in coming to the decision to drop charges against Zuma.

This record will exclude any protected submission made by Zuma.

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Comments
  • Tammy - 2012-03-20 13:06

    Thanx for trying DA - let's hope it works

      Penny - 2012-03-20 13:14

      The DA and ALL opposition parties must continue their struggle against this ANC regime to expose their corruption to the people of South Africa.

      JohhnyBGood - 2012-03-20 13:21

      Now is the time to unite, hey ? Even if 10 % of the 'masses' can see what the hell is going on, it would have been a very fruitful exercise.

      lindz.kok - 2012-03-20 13:21

      yes i agrea penny... thanks d.a. afriforum t.l.u. vf. and hell everyone els not casting a vote against our country.

      Rudi - 2012-03-20 13:24

      IN this day and age we are facing what might in some circles referred to as riding the bullet. But maybe not in the same sense. Who was it that said that Zuma will not be prosecuted until such a time when his time either expires in office or they no longer need him? Just like Juliaas is now playing for time. He will use the system until the ANC conference later this year just to have everything overturned. ZUma, I'm sorry (not really) to say you have been used and now that there is no more use for you, you will be replaced by another political stamp. The DA has the guts to take on the system and make it work for them (and all who did or did not vote for them). Lets not forget how the ANC manages to worm themselves out of these situations all the time. Maybe they'll change the constitution to suit themselves, we'll never know. But heaven knows, if the information bill is implemented this sort of justice will never see the light of day. Go DA.

      Mike - 2012-03-20 13:44

      He did say: "I can't wait for my day in court!" Let's see???!!!! This time there are additions!!!

      Warmonger - 2012-03-20 13:48

      GO DA GOOO!!!!! It is high time someone takes the fight to the Corrupt, incompetent, useless A bsolute N ational C orruption 'government' doorstep!! You have my (and my family's!!) Full support. I hope someone from the DA takes note of all these comments...

      Slick - 2012-03-20 14:19

      The EVIL REGIME still have the Con Court that can over rule this decision and or indeed change the constitution to block it...so yup. It will be very fickle and silly to get one's hopes up!

  • Bluecrest - 2012-03-20 13:08

    Go for it DA!!! You deserve to run this country!!!

      Altus van Zyl - 2012-03-20 13:12

      Oh yeah! Down with the ANC down with Zuma!!

      Penny - 2012-03-20 13:16

      @altus - let's not forget the militant, troublemaking ANCYL. They must all be expelled from Africa, just like Gadaffi

      Gigo - 2012-03-20 13:20

      Pennywise and what about you?you don't belong to Africa, will you go to Holland?

      Penny - 2012-03-20 13:21

      Sganja - The people of Africa are speaking. We are saying we don't want tyrants and dictators on our continent anymore. They will be expelled like the ANCYL and Gadaffi. Down with troublemaking kids who wear berets and think they are soldiers. DOWN !!!

      Sean - 2012-03-20 13:23

      @Sganja - You escape from the zoo again ?

      Irene - 2012-03-20 13:25

      Pennywise ~ You forgot to add that the troublemaking kids with berets don't even know how to wear a beret correctly.

      Gigo - 2012-03-20 13:32

      @Kok I was born hear dear and I will die here SA is my country,unlike others.

      Penny - 2012-03-20 13:43

      @Sganja - "SA belongs to all who live in it". If you don't subscibe to our country's constitution, then you must leave and go wear your beret and go toyi toyi somewhere else.

      Gigo - 2012-03-20 13:43

      Hey Paul I won't die soon,I'm one of the important and useful person in this world.

      charmaine.rowlands - 2012-03-20 14:06

      OMG Sganja - if Pennywise (and the rest of us) don't belong here, where do we belong. Just like YOU we were born here so that makes us as African as you are! My ancestors never came from Holland WT...?? Tyrants, despots and village idiots should all be expelled from Africa - now the only question we have to ask, is which one are you? :)

      Jomah - 2012-03-20 14:09

      @sganja - your view is different to that of the constitution, therefore you do not belong in South Africa. Please leave this country, to our Northern neighbour perhaps. Please read the preamble of the SA Constitution: We, the people of South Africa, Recognise the injustices of our past; Honour those who suffered for justice and freedom in our land; Respect those who have worked to build and develop our country; and Believe that South Africa belongs to all who live in it, united in our diversity.

      J.D. - 2012-03-20 14:24

      Yes and our cars, aeroplanes, boats, computers, celphones skills and brains will go with us. None of these belong here. And you will be running around in animal skins and beating a bush drum. And eat mieliepap. The bush will reclaim you beacuese you was taken out of it way ahead of your time.

      Mike - 2012-03-20 18:38

      @Sganja: If you wish to look for attention? Stand nked in front of your anc hq! Nothing you commented so far had anything to do with the article! Looking at your profile photo concludes this conversation!

  • kooveng - 2012-03-20 13:09

    Can it be??? Our judicial system is actually working...

  • ettienne.hattingh - 2012-03-20 13:09

    Fantastic news!!!!!!. Let the truth be told.

  • Gigo - 2012-03-20 13:17

    Hands of president Zuma...he's one of our own.

      Bluecrest - 2012-03-20 13:20

      Our? One of our?????? Not a chance in hell - one of YOUR, yes...

      Mike_or_Mpho - 2012-03-20 13:22

      that's a scary thought

      ettienne.hattingh - 2012-03-20 13:32

      He is one of your criminals.......right.

      Eric - 2012-03-20 13:56

      I agree. He is our president. None of us got that far. How far have we come in this world if we so bright and our president is not

      Deon - 2012-03-20 14:09

      Like Malema no one is untouchable.

      Sharon - 2012-03-20 14:22

      i can see that,the two of you have the same mentality(or mental block) you choose

      Pieter - 2012-03-20 14:48

      Sganja, I get the sound of a racist here and somebody who speaks good about fraud and curruption. Why are you afraid if your brother have done nothing wrong. The courts will decide. Long live justice.

      Pieter - 2012-03-20 14:53

      I think Jacob means cheater. Maybe Jacob Zuma live up to his name

      Balan - 2012-03-20 15:48

      Ay Sganja your F@@king image of a b@boon thats why you think like a b@boon.

  • jody.beggs - 2012-03-20 13:18

    Damn the man ,save the rainbow nation.

  • Gigo - 2012-03-20 13:18

    It's high time that we scrap these courts...

      Penny - 2012-03-20 13:23

      It's time that Africa does away with corrupt leaders and troublemaking kids who wear berets and think they are soldiers. SCRAP THESE BANANA REPUBLIC 'REVOLUTIONARIES'. DOWN WITH TROUBLEMAKERS. DOWN !!!

      Sean - 2012-03-20 13:25

      and use the more primitive ways ??

      Michael - 2012-03-20 13:27

      Sganja we all fought for freedom..Including freedom of the courts to be the bastian of our rights and to protect our beautiful country from the rampant corruption.No one should ever be above the law.

      Mark - 2012-03-20 13:35

      Who's "we"?

      Elize - 2012-03-20 13:40

      @Paul, my thought exactly!! Troll alert!!

      George - 2012-03-20 13:46

      Much too slow, aren't they. The old model was better. The tribal (wise) elders sat around the fire, heard evidence and pronounced the sentence which was carried out with due speed. Anyone could approach the elders and ask for justice. And people say that we have become civilized?!

      placebo.effect - 2012-03-20 14:03

      lol I love how sganja works for news24 to create controversy. The trolling is so funny and people get mad too hahahahaha. The worst part is how progressively obvious his/her trolling has become.

      ssegaetsho - 2012-03-20 14:11

      uyahlanya yini weSganja.

      lovenergy - 2012-03-20 14:14

      They see me trollin...they hatin...

      Penny - 2012-03-20 14:21

      @lovenergy - LOL!

      Balan - 2012-03-20 15:52

      @ Sganja, if you don't like the courts then you must go back to the bush

  • therealunskinny - 2012-03-20 13:19

    Goin' down Zoomer... Goin' down.

  • Wayne - 2012-03-20 13:20

    Wonderful!!! I trust that JZ will not be sleeping that comfortably tonight.

  • Joel - 2012-03-20 13:20

    Maybe the ANC Youth League should take over from here and take the decision to drop the charges for court review. It is obvious that while the whole of SA has been seized with Malema's disciplinary hearing, a sideshow, the big show in town is still Msholozi's corruption and fraud charges. Zuma does not even have a leg to stand on to persecute this young man, Julius.

  • Irene - 2012-03-20 13:23

    Go DA Go!

      Gigo - 2012-03-20 13:26

      Done with IFP?

  • Lavida Koekemoer - 2012-03-20 13:25

    Let his ass burn

      Sharon - 2012-03-20 14:25

      are you any relation to vernon

  • Blessed Ndlovu Maratuza - 2012-03-20 13:26

    Please DA go ahead, lets see wat u gon get out of it. U aint gon get JZ and definitely not our votes.

      kardollie - 2012-03-20 13:35

      that is why you still live in a pandokkie(totschomben)

      Blessed Ndlovu Maratuza - 2012-03-20 13:46

      No, Kadoli, I stil liv in Pandokkie bcoz of Apartheid, not bcoz of JZ,, bt f.y.i. im lovin it..

      Penny - 2012-03-20 13:49

      @Ndlovu - you loving living in pandokkie? While Malema lives in Sandton and the ANC execs living in Sandton, Houghton and Cape Town? Why are you happy when your leaders live off all your money? If you continue to support their corruption, then you must suffer.

      Irene - 2012-03-20 13:53

      Blessed ~ Keep voting ANC and you'll spend the rest of your life in your pandokkie.

      Jeremy - 2012-03-20 22:44

      So you admit the ANC is still practising apartheid?

  • Tammy - 2012-03-20 13:27

    guys, guys, I thought we agreed to ignore sganja the retarted trol

      Elize - 2012-03-20 13:45

      @Tammy we are laughing believe me we are!!

      Deon - 2012-03-20 14:20

      We need him now that Malema and Peter Div is gone.

      Colin - 2012-03-20 15:08

      Sganya, Tammy is a "bloody agent" LOL

  • Johnnie - 2012-03-20 13:27

    There you have it. Wrong can never be right,no matter who the very clever(or so he thinks)man is who thinks he can change things for somebody's benefit. Congratulations DA.

  • Tanie - 2012-03-20 13:31

    We can not let people who were fed with HIV+ menstruation to lead our country,I mean think about it.

      Eric - 2012-03-20 13:53

      Shame oom kriel. Must we get the old nats back, or dig up Eugene, or get good old hertzog back in the seat. Then we bring back the old orange white and blue OR even the vierkleur.

  • Emilie Iyambo - 2012-03-20 13:33

    About time!!! Some politicians better be sh*tting bricks right about now....

  • Mark - 2012-03-20 13:33

    I urge the DA to take this further as we really need to get rid of both this dithering idiot and his merry band of fools, before they destroy us.

  • Morama - 2012-03-20 13:38

    South African democracy taking another favourable level..."no one is above the law".Someone would soon be obliged to take leave with full salary pending the outcomes!!! I cant wait to see Zooormer "Shower Man" pretending to be sick like Yengeni,Shaik and Selebi to get parole!!! This is great news DA,Keep up the good work!!!

  • George - 2012-03-20 13:38

    The ancestors may be talking. The dreadful con job called e-tolling will yet take its toll on those so in favor of robbing the SA public. The gantries may yet serve a useful purpose, figuratively speaking. Or not, who knows. Shaka Zulu certainly knew how to bring order, discipline and prosperity to his kingdom.

  • Tammy - 2012-03-20 13:38

    @paul - well said - I needed a good laugh

  • vattamarco - 2012-03-20 13:46

    I can not understand the North Gauteng High Courts decision last year as section 38 of The Bill of Rights, Chapter 2 of The Contitution of the Republic of South Africa, 1996 states that: "Anyone listed in this section has the right to approach a competent court, alleging that a right in the Bill of Rights has been infringed or threatened, and the court may grant appropriate relief, including a declaration of rights. The persons who may approach a court are - anyone acting in their own interest; anyone acting on behalf of another person who cannot act in their own name; anyone acting as a member of, or in the interest of, a group or class of persons; anyone acting in the public interest; and an association acting in the interest of its members." And this surely can not only be applicable to the Bill of Rights.

      George - 2012-03-20 13:52

      Try it and report back. Before you have taken your secondd breath you will be told that you need a real special advocate for a small amount of roughly R4000 per hour, but that is only after he has had a chance to consult with all his other buddies in town, at about R2000 per hour. Eikona

      vattamarco - 2012-03-20 14:00

      As Justice Yacoob mentioned on Radio 702 just this morning, the relevant court can advise a person that approaches a court to consult with a specific law clinic or advisory board and that there are several attorneys willing to do pro bono work although not enough.

  • Nhlanhla - 2012-03-20 13:47

    As long as Judiciary is white dominated,we shal have such outcomes!!

      Gigo - 2012-03-20 13:53

      That's true, we will pray for Anc led government.

      Deon - 2012-03-20 14:24

      Mohammed and Moegoeng sounds white?

      Cracker - 2012-03-20 14:27

      Some should look under Supreme Court of Appeal Judgments - just google it for the full text - and also see the colour composition of the court. There surnames are given on page one of the judgement. Fantastic judgment. Anyway, here is a little extract from the judgement: "[31] Section 1(c) of the Constitution proclaims the supremacy of the Constitution and the concomitant supremacy of the rule of law. In fulfilling the constitutional duty of testing the exercise of public power against the Constitution, courts are protecting the very essence of a constitutional democracy. Put simply, it means that each of the arms of government and every citizen, institution or other recognised legal entity, are all bound by and equal before the law. Put differently, it means that none of us is above the law. It is a concept that we, as a nation, must cherish, nurture and protect. We must be intent on ensuring that it is ingrained in the national psyche. It is our best guarantee against tyranny, now and in the future."

      Sharon - 2012-03-20 14:30

      the only law you people understand is winnies law,bicycle tyre as a warning,truck tyre as a solution,

      Pieter - 2012-03-20 14:58

      Do we have another Racie here or what.

      Jeremy - 2012-03-20 22:48

      But its not white dominated. Its black dominated. Get it Mr new apartheid boy?

  • Lavida Koekemoer - 2012-03-20 13:48

    Zuma Ur not above the law...so here we go

  • Lavida Koekemoer - 2012-03-20 13:48

    Zuma Ur not above the law...so here we go

  • Tammy - 2012-03-20 13:49

    @Paul - please use toilet paper when making the sganja coffee table book so that we can wipe our a...s after reading it - LOL

      Slick - 2012-03-20 14:26

      Tammyyyyyy!!! hahaha,got to love you....too cute LOL!

  • stefan.vanderspuy - 2012-03-20 13:49

    I'm impressed! The judicial system actually does still sometimes work in this country. Go DA, charge him for corruption; no one is above the law.

  • Andre - 2012-03-20 13:54

    The outcome was a logic one. Why hide such important information if you don't have anything to hide? Mpeshe is a traitor and should be brought to book with his master zuma. He probably gave Hulley the tapes to prevent justice. That in itself is a crime, but not persued by the NPA. Why not? It says it all.

  • ericsdoms - 2012-03-20 13:58

    This leaves Uncle Zuma a VERY uphill battle until the end of the year at Manguang.........interesting times :)

  • Eric - 2012-03-20 13:59

    Shame DA another lost cause. Anything for some cheap selling to gain votes. Maybe we should see how many of you walk out of your DA functions intoxicated and then drive. Now how is that for a low blow. Man focus on helping people and in this way you will gain votes.

      Pieter - 2012-03-20 15:06

      Who are you promoting ANC/DA. If you do not know, check the scoreboard and you will see the DA delivers and the ANC government cheat and steal. O and they hate competision. Who will pass and win Jacob

      Colin - 2012-03-20 15:14

      What on this earth are you talking about ?

  • charmaine.rowlands - 2012-03-20 14:08

    Democratic Alliance!!! YOU ROCK and so does the SCA. Excellent outcome - now let's take it home

      Slick - 2012-03-20 14:12

      uhm Charmaine can you take me home? LOL!

      Blessed Ndlovu Maratuza - 2012-03-20 14:45

      HOME?! Lmfao! It is home, it aint goin nowher, bt u feel free 2 go home..

  • Rubin Frieslaar - 2012-03-20 14:09

    Thats ayobaness

  • Tammy - 2012-03-20 14:09

    Oh Paul, you are killing me! Hell you are funny! I am laughing so loud that I'm sure people here think I am smoking the good stuff.

      danielle.toerien - 2012-03-20 17:00

      @Paul. I have not laughed like this in ages while reading News24! @Sganja- You're a CAKE!!!

  • Slick - 2012-03-20 14:18

    For all your enlightening comments. You all fail to realize the Evil Regime still has the opportunity to challenge this SCA decision in the Con Court before anything happens.. The also have the right to change the constitution etc etc so nothing ever happens,grrrrr!!!!....so yeah! Don't be getting your hopes up. Now get back to living your lives for yourselves, how you want, when you want and indeed as you want!

      Colin - 2012-03-20 15:21

      Changing the constitution is not such a given. The Anarchy, Nepotism an Corruption party does not have the 2/3 majority to do that.

  • Dennis - 2012-03-20 14:18

    This is better than any soap !!

  • brytzishiri - 2012-03-20 14:19

    only fools will celebrate when they watch their money go down the drain, DA stop wasting tax payers money. DA you will never rule this country, GET IT!

      Blessed Ndlovu Maratuza - 2012-03-20 14:28

      Wagona, they stil have false hop that one day its gona happen. VIVA ANC!!!!

      Sharon - 2012-03-20 14:32

      they may never rule but they can still get rid of some of your theiving corrupt leaders

      Slick - 2012-03-20 14:34

      LOL, who would want to run this cess pit it has become,because of the Dastardly Regime we have had for 18 years?? LOL! Wait the Chinese are going too sooner than later,grrrrrrrrr!!! They have already granted me sole rights to everything JuJU Mal- ENEMA has or will have...erm right now that is NOTHING but two or three stolen cows past their sell by date... sheesh LOL!

      frank.hartry - 2012-03-20 14:37

      This country of South Africa cannot endure another possible eight years as president of a man who is strongly suspected by most South Africans as having a corrupt relationship with his financial adviser he was convicted of corruption and given 15 years in prison as a sentence. Zuma can easily agree to appear in court to prove the innocence that he claims but he has not the courage to do so. The perception that he is a crook president will not easily disappear until he is man enough to prove his innocence. He is not above the law surely.

      Omrisho - 2012-03-20 14:40

      uhhhm... the anc rule/govern?? could have fooled me, and as for the bit about wasting tax payer's money, that is freaking priceless - GET IT?? must be a fool

      Jeremy - 2012-03-20 22:56

      You are soooo right. Only fools celebrate when they watch their money go down the drain. So I guess you been celebrating for 18 years now as the ANC having been wasting money piecemeal like no on in history before them. Enjoy. Oh i forgot your leaders drink on your behalf coz they ain't gonna waste good money on voters!!!! HAHAHAHAHAHAHA

  • sariena.robbertse - 2012-03-20 14:20

    Spanja.You were born in the zoo?Makes sense.Which cage were you in.??

  • Lloyd - 2012-03-20 14:28

    GO DA !!!

  • charmaine.mcdonald2 - 2012-03-20 14:34

    Corruption has to be exposed

  • matvee111 - 2012-03-20 14:42

    Happy days...but no matter what happens 2 Zuma...doubt DA will ever run this country...pipl will remain loyal 2 ANC no matter what...and it's got everything 2 do with our dark past...

      Jeremy - 2012-03-20 22:59

      And even darker future. The ANC are ensuring the recreation of everything bad. They may blame the past for only so long before it becomes clear that it was by their doing that this beautiful country failed.

  • matvee111 - 2012-03-20 14:43

    Happy days...but no matter what happens 2 Zuma...doubt DA will ever run this country...pipl will remain loyal 2 ANC no matter what...

  • amanda - 2012-03-20 14:50

    @ Matvee 111 and you will have an even darker future. But we see that it is what you would prefer.

  • Sizwe - 2012-03-20 14:56

    @pennywise and friends..U must be feeling the heat..

      Tammy - 2012-03-20 15:13

      time for litttle boys like you to go to bed now sizwe

  • Jack - 2012-03-22 11:12

    Criminals looking after criminals. Keep up the good work DA, show the world exactly what criminals the ANC are.

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