News24

Zille hails ruling on Zuma records

2012-03-20 18:31

Cape Town - DA leader Helen Zille has hailed a Supreme Court of Appeal ruling giving her party access to the records that led to the suspension, in 2009, of criminal charges against President Jacob Zuma.

"The judgment held that the NPA must make available the requested record of decision it used when then acting national director of public prosecutions, Mokotedi Mpshe, made the decision to drop charges against Jacob Zuma," she told reproters at Parliament on Tuesday.

The Democratic Alliance is seeking a review of the decision, by Mpshe, to drop charges against Zuma before he was elected president.

Zille said the SCA had ruled that the National Prosecuting Authority would be obliged to make available whatever was before Mpshe when he made that decision.

The importance of such evidence to the outcome of her party's review application could not be overstated.

"The record of decision will shed light on whether Mokotedi Mpshe made the decision to withdraw the prosecution on rational, legal grounds, or whether he made the decision based on political considerations," Zille said.

The SCA judgment had also affirmed that a decision to discontinue a prosecution was reviewable by the courts, and that the Democratic Alliance, as a political party, had the legal standing to bring such a review application.

Responding to a question on how she thought the matter would now move forward, she suggested that "the longest route of delay would be followed" by Zuma and his legal team.

Corruption charges had "hung over" Zuma long before he was elected president of the African National Congress.

"South African's have a right to know what the defence is to those allegations, and whether there is substance in them or not - after all, he is now the president of this country."

However, the president and his legal team had "dragged this particular case... through every single nook and cranny of filibustering, delaying and obfuscation, to avoid it ever coming to court".

She expected Zuma and the NPA would now "use every legal trick in the book to delay, stall and sidetrack proceedings, in an attempt to win time for Jacob Zuma to serve two terms as president".

The presidency said in a statement earlier on Tuesday, that it had noted the SCA's judgment.

"We wish to emphasise that the decision taken by the acting national director of public prosecution on April 6, 2009, not to prosecute President Jacob Zuma, stands."

The SCA, in its judgment, had explicitly stated that the "appeal does not concern the merits of a decision taken... by the acting NDPP to discontinue a prosecution... against Mr Jacob Zuma'', the presidency said.

Earlier on Tuesday, the SCA ruled that Mpshe should hand over the record of proceedings to the Registrar of the Supreme Court of Appeal within 14 days.

The record should, however, exclude written representations made on behalf of Zuma and any consequent memoranda or reports prepared in response, or oral representations, if their production would breach confidentiality agreements.

The SCA further held that the record should consist of the documents and material relevant to the review, including those before Mpshe when he made his decision.

NPA spokesperson Mthunzi Mhaga said on Tuesday the authority would study the judgment to determine the next legal steps.

"We wish to state that we still stand by advocate Mpshe's decision and remind all that these were preliminary issues with no direct impact on his decision not to prosecute."

Comments
  • The Real Unskinny - 2012-03-20 18:34

    Jacob: pappa wag...

      Francois - 2012-03-20 19:04

      Pappa: Jakop, wil jy die met of zonder Vaseline doen? Jakop: Met as ek moet. Pappa by die tralies: Vaseline, kom hier, hy soek vir jou ook. Jakop: Ek moes Korrektiewe dienste ten minste uitgesorteer het toe ek die kans gehad het, maar die terugbetaling van Bosasa was net te goed. Pappa: Bosasa, hy soek vir jou OOK!

      Burtfred - 2012-03-20 19:08

      Ek dink pappa gaan lank wag. Zuma sal nooit tronk toe gaan nie. Pappa sal intussentyd gelukkig moet wees met kleinboet Juju.

      bluzulu - 2012-03-20 20:01

      There needs to be a real cleanup/shakedown of RSA's Judiciary system,

      craigtjames - 2012-03-21 02:39

      I think Daddy, Juju and Jacob might end up being cell mates - oh, the fun of South African politics. In other countries, the scandal goes around celebrities, and South Africa - ja well, no fine.... Africa oh Africa

      Kevin - 2012-03-21 08:46

      Jusice like revenge is a dish best eaten cold. Wag Zuma! I notice Bluzulu is wasting time with his diatribes against the rule of law, constitutional government and the separation of powers.

  • Maetsane - 2012-03-20 18:42

    Now we take the e-toll matter to court.Long live the Constitution!

      Thandi - 2012-03-20 18:59

      The noises the ANCorruption is making indicates that the Constitution in its present form hasn't got long to live, and then the brown stuff will be flying around. I think we are naive to think that showerhead will let any trivial things like laws and the Constitution get in his way, or be a threat to his continued plundering.

      Hugo - 2012-03-20 19:10

      Viva the Republic

      Elize - 2012-03-20 19:16

      Hear hear Maetsane!!

  • Poloyatonki - 2012-03-20 18:51

    Zille is getting excited too soon, she will soon have her tail between her legs. Zuma is an African leader, we all know what zille is....

      marina.poniatowska - 2012-03-20 18:55

      And we all know what you are - an idiot.

      Francois - 2012-03-20 18:55

      According to the Freedom charter, Zille is an African leader of the third largest province in economic terms in SA. Zuma confirmed it. SA is also a constitutional democracy - not a banana republic - although Zuma is making sure that we are producing enough bananas.

      Garth - 2012-03-20 18:56

      Sucks to you . . .

      Thanuj Thulsie - 2012-03-20 19:01

      gaan vlieg in jou moer poloy

      Thanuj Thulsie - 2012-03-20 19:03

      gaan vlieg in jou moer poloy

      Thandi - 2012-03-20 19:07

      Polo - you are so right, showerhead is an 'african leader', i.e. he is as corrupt as the rest of the plonkers that have plundered and self-enriched at the cost of the citizens.

      Burtfred - 2012-03-20 19:12

      @Polywhatever We also now what Zuma has between his legs, just ask all those Zulu babes that he charmed into flagrante delicto. Maybe it's true what they say about black guys?

      Elize - 2012-03-20 19:17

      Ai nog 'n troll!!

      Arp Liebenberg - 2012-03-20 20:37

      Po you are a fool! Zuma is a rapist... proofed! he is a fraudster.. proofed ... he has more than one wife which makes his biggimest. His history makes SA the laughing stock of the world! Shame to the illiterate, dum masses who follows him, they suffer and that is good because that is their choice for voting for the anc

      Poloyatonki - 2012-03-20 20:59

      Arp Liebenberg.. You would agree with me that the masses that you are labeling as "dum" it is highly impossible for your DA to get them to change their vote even if they are "Dum" so who is really "dum" here. And the masses managed the remove the injustice gov from power, today I am a free man, i dont care if I starve or suffer to death as long as I got my freedom.

      Cracker - 2012-03-20 23:00

      Zille or no Zille, Polo... She did not write the following extract taken from the Court's judgement. The extract comes from FIVE judges agreeing thereto: Quotation from the judgement and emphasis added here: "[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."

      rowen.loretz - 2012-03-21 01:12

      @ poloydonkie- then way don't you pack your bags and head of somewhere where we can't see or here you...like Zim, and leave all your western made goodies like TV ect ect ....

      Juan - 2012-03-21 01:57

      @polo Zuma an African leader? You mean corrupt and crooked to the core? Yeah I tend to agree with you, he most definitely fit's the profile

      Kevin - 2012-03-21 08:39

      Polytonki we also know what Zuma is, a partner to Schabir Shaik in a fraud who has done everything in his power to avoid prosecution. If allowed he will change the Constitution to avoid being held responsible for his personal fraud and the frauds and criminal actions of some of his family members. Zille on the other hand is a former journalist who has a long history of exposing Government lies and corruption including the murder of Steve Biko.

  • Garth - 2012-03-20 18:55

    Well done Helen Zille!

      Hugo - 2012-03-20 19:11

      well done judiciary and the ANC who did not obstruct(not that they had to)

      Ingi - 2012-03-20 21:09

      Well done Helen, keep it up, we, the thinkers in South Africa are right behind you!

      Hugo - 2012-03-21 08:45

      always like it when the thinkers comment,always so deep and intellctual

  • marina.poniatowska - 2012-03-20 18:55

    It will only confirm what we all know in anyway. And then what? He'll still be President, and he'll still be a free (very rich) man.

      Hugo - 2012-03-20 19:11

      we dont know that

  • lindz.kok - 2012-03-20 18:56

    man i cant tell you how much i love this! now i want tlu vf and afriforum to jump on this aswell... the anc already has a world of trouble concerning action taken by the eu against them :) man life doesnt get better than this.

      Hugo - 2012-03-20 19:12

      think you are setting yourself up for a heartbreak,ANC is going nowhere. :D

      Adam - 2012-03-21 04:42

      @HUGO you are so right, the anc is like a chicken without a head. Going nowhere, and certain to die.

      Hugo - 2012-03-21 08:38

      Adam really?

  • Kolobe - 2012-03-20 19:00

    if that helps malema then...

      Francois - 2012-03-20 19:06

      Kolobe, we will all vote for Malema in one election, if we can, if he establishes a new party!

  • Hugo - 2012-03-20 19:08

    we have always maintained that SA was a functional democracy.I am glad that such a ruling came from our courts.May whoever has the docs send them to the madam.We want to know. My ANC,MY FUTURE.

      Francois - 2012-03-20 19:12

      Can we in the same way that you refer to a democratically elected leader of this country as the madam refer to other as the Grootbaas?

      Thandi - 2012-03-20 19:28

      Anarchy Nepotism Corruption .......NO future.

      Hugo - 2012-03-20 19:57

      I did not mean to offend by calling her madam.We used to call our black teachers Madams.My mom who is a teacher is called madam.The word madam is normally used to show respect.Why are people so touchy? by all means you can call the 'other' Grootbaas! I have a cousin whose real name is Oubaas.

      Francois - 2012-03-20 20:15

      Hugo, Helen Zille is not a teacher and the address form came from one Julius Malema when he referred to her and he still does and he does not use it as a form of respect. Thus the correct way to address Helen Zille is by her name or as Mrs Zille. Get it, got it? Good.

      Hugo - 2012-03-21 08:39

      My Name is Hugo Mabasa not Julius Malema.

      Hugo - 2012-03-21 08:41

      "Thus the correct way to address Helen Zille is by her name or as Mrs Zille. Get it, got it? Good." hehehe gone are those days :D

  • AyGeewils - 2012-03-20 19:09

    I find it difficult to believe that these records will be complete and unabridged - if Zuma is innocent of corruption and self enrichment he would be a lone paragon in the midst of millions of thieves ...

  • Elize - 2012-03-20 19:15

    Wow you have balls girl (Helen Zille) and as a woman I am so so proud of you!!

      Burtfred - 2012-03-20 19:32

      Elize, There is little difference between sexism and racism. It is irrelevant that Helen is a woman - she is a highly capable and dedicated person. If, for example, I were to declare that I was proud of let's say, Nelson Mandela because he is a man and so am I, wouldn't that be terribly sexist? Please don't apologise to anyone for your female state of being.

      Poloyatonki - 2012-03-20 19:39

      Burtfred.. HEY YOU, be careful what you say, you cant compare zille to Madiba. its like comparing a rat to the King.

      Burtfred - 2012-03-20 19:45

      @Poly Jeez you are thick (that's probably why you support the ANC) I never compared Helen to Nelson - comparisons are odious. You never read or understood what I said. Now please go away and toyi-toyi or something.

      Elize - 2012-03-20 20:16

      Difference Burtfred not many woman around like her and Lindiwe in Politics. And I will NEVER EVER apologise to anyone for my female state of being!!

      Burtfred - 2012-03-20 20:28

      @Elize Lindiwe? Are you serious? Which Lindiwe are we talking about here? Sisulu or Mazibuko? Sisulu is an appaling example of crooked, nopotistic, party connected womanhood and useless in her job, to boot. Mazibuko is erudite, educated and accomplished - She is the kind of leader we need to buid our democracy. By the way, I am glad you are proud of being a woman. I am male, heterosexual and regard myself as a feminist.

      rowen.loretz - 2012-03-21 01:14

      and what do you compare yourself to poloy...a big fat fly?

      Juan - 2012-03-21 02:00

      She kind of reminds me of the iron lady

  • Matanje - 2012-03-20 20:54

    I had never felt like saying this before to Me Zille, but I will say it now: YOU GO, GIRL!!!!

      Hugo - 2012-03-21 08:44

      watch it,oom Francois may just send you to stand in the corner for the rest of the afternoon, "Thus the correct way to address Helen Zille is by her name or as Mrs Zille. Get it, got it? Good." not Girl!

  • Darra - 2012-03-20 20:55

    Will Mpshe sleep well tonite? I think not! Also, just what will this cost us, the taxpayer. Further, is there anyone out there who knows just how many cases the govt/ANC has fought or defended in the last few years? ... and how many they've won? perhaps we should go to court and demand that info as well! And to Mr Maharaj.... of course we know Mpshe's decision stands. We'd be pleased if you would not treat us as if we're idiots! We're interested in the justification for his decision, sir... and if not satisfied ... guess .. we take U back to court! whose we? ...certainly not necessarily a member of the DA. I'm a member of the Patriot's Society!

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