SCA hears DA's push for Zuma records

2012-02-14 21:04
Bloemfontein - The DA legal pursuit for the records that led to the suspension of criminal charges against President Jacob Zuma in 2009 continues in the Supreme Court of Appeal on Wednesday.

The Democratic Alliance wants a review of the decision by the then acting national director of public prosecutions Mokotedi Mpshe to drop charges against Zuma, who was at the time not yet elected president.

The DA has also called on the NPA to produce the record of proceedings in respect to the decision.

The SCA will hear argument in an appeal by the DA against a decision in the North Gauteng High Court in Pretoria, which held that the party had no right to appear in court on the matter (locus standi).

The High Court held previously that the DA had not shown that the NPA's decision not to prosecute Zuma had materially or adversely affected its rights, those of its members or those of the broader public.

The NPA dropped charges against Zuma at a time that it was apparent that he would become the next president, shortly before the 2009 general elections.

The NPA has refused the DA its records and has indicated that it will challenge the opposition party's locus standi and the reviewability of the decision as preliminary matters.

In 2011, the High Court held for the NPA, and the DA asked for leave to appeal the decision, which was granted.

The DA will try to convince the Supreme Court of Appeal (SCA) that it and two intervening parties, Richard Young and CCII Systems, who were complainants in the allege criminal matter against Zuma, have a right to challenge Mpshe’s decision.

In papers filed at court, the DA said the high court followed the wrong approach to its right and should have followed a more "generous and expansive" approach to standing, which the Constitutional Court had repeatedly stated.

The NPA submitted in papers to the SCA that the DA’s interests were "party political interests" in nature as opposed to legal interests.

It supported the high court's finding against the DA on this point.

Zuma’s legal adviser Michael Hulley, in opposing papers, also argued that the DA, as a minority opposition party, had brought the review application on the basis of its standing as a political party.

Hulley argued that the actual interest in the results of the NPA decision was not clearly spelled out.

He said the DA was only out to score "political points" with the case.

Read more on:    da  |  npa  |  jacob zuma  |  politics

Join the conversation! 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 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 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.