Lawyers: Spy tapes are like a French girl

2014-05-25 15:41
President Jacob Zuma (Picture: Sapa)

President Jacob Zuma (Picture: Sapa)

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

kalahari.com

Johannesburg - Lawyers of President Jacob Zuma say the "spy tapes" should remain secret because they're a bit like a photograph that shows a supposedly dead person still alive and well in Paris, City Press reports.

This is an example Zuma's lawyers have employed to show why they think the so-called spy tapes - which got Zuma off the hook on fraud and corruption charges in 2009 - should be kept secret.

The DA's court battle to reverse former national director of public prosecutions Mokotedi Mpshe's decision to drop the criminal charges against Zuma is ready to return to the Supreme Court of Appeal (SCA) for the second time.

In heads of argument filed by Zuma's lawyer, Kemp J Kemp, he argues that the spy tapes should remain secret because they're the evidence at the centre of confidential representations Zuma made to the National Prosecuting Authority (NPA).

"Representations must often have at [their] core 'real' evidence," argues Kemp.

He uses the example of a person accused of murder showing the prosecution a photograph of his supposed victim "alive and well, and living in Paris".

The fact that the prosecution then independently gets a copy of the photograph from the person who took it does not mean the photograph (or tapes) aren't still part of the confidential representations, Kemp argues.

This argument is an answer to one of the DA's central contentions in the case: that Zuma can't claim the tapes are part of his representations because he never actually handed them to the NPA.

When Zuma brought the tapes to the attention of the NPA, his lawyer, Michael Hulley, only made them available for senior NPA officials to listen to.

The NPA then independently obtained the tapes from the National Intelligence Agency, which declassified them.

The DA has argued that Mpshe, in his announcement of the decision to drop corruption charges against Zuma, made it "perfectly clear" that the transcripts were not part of the confidential representations.

The DA has also taken a swipe at the president and former acting national director of public prosecutions Nomgcobo Jiba, for having "locked the DA into interlocutory [interim] disputes which have delayed and frustrated the review" for five years, Zuma's entire first term of office.

An interlocutory dispute is an argument between parties that deals with preliminary questions not related to the main court case, such as whether a particular piece of evidence will be allowed in court.

Last year, the high court in Pretoria found against Zuma, ruling that the NPA must file transcriptions and copies of the tape.

"It is opportunistic for [Zuma] to now contend that there was a breach of confidentiality when he benefited from the alleged disclosure," ruled Judge Rammaka Mathopo at the time.

It is this order Zuma is now appealing against.

The case already made legal history once, when the SCA ruled in 2012 that a court could review a decision to drop corruption charges.
Read more on:    sca  |  npa  |  jacob zuma  |  kemp j kemp  |  spy tapes
SHARE:

Read News24’s Comments Policy

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
43 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/News

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now!

Kalahari.com - shop online today

Pre-order your iPhone 6 at kalahari.com

Hurry and pre-order your own iPhone 6 now at SA’s favourite online store!

Bargain box – 60% off

Reduced prices, very limited stock. While stocks last. Hurry and shop now!

Mind blow low prices on electronics

Get either the Prestigio multiphone or Proline tablet 7” tablet for only R699. Offers valid while stocks last. Shop now!

30% off Barbie toys

Save 30% on all Barbie toys and accessories. Offer valid while stocks last. Shop now!

Baby extravanganza month at kalahari.com

Celebrate baby month with a wide range of awesome baby products. Offers valid while stocks last. Shop now.

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Horoscopes
Aquarius
Aquarius

Be open, network and share your intentions and ideas as these may be the vital seeds to the imminent change that can be starting...read more

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.