DA wins Zuma spy tape bid

By Drum Digital
16 August 2013

The High Court in Pretoria on Friday ordered acting national director of public prosecutions Nomgcobo Jiba to lodge a copy of the Zuma spy tapes with the registrar of the court within the next five days.

The ruling by Judge Rami Mathopo followed an application by the Democratic Alliance. The party wanted to overturn a 2009 decision by the then acting National Prosecuting Authority (NPA) head Mokotedi Mpshe to withdraw fraud and corruption charges against President Jacob Zuma.

The Supreme Court of Appeal (SCA) in March last year ordered the NPA to lodge the record with the registrar of the high court, but the NPA refused to do so on the basis that it contained confidential representations by Zuma.

Mathopo ordered Jiba to comply with the SCA order and ruled that the record to be lodged include a copy and transcript of the electronic recordings Mpshe referred to in his announcement to withdraw charges against Zuma.

The record must also include any internal memoranda, reports or minutes of meetings dealing with the contents of the recordings or the transcript itself, insofar as these documents did not breach the confidentiality of Zuma's written or oral representations.

With regard to the memoranda, minutes, and notes of meetings, Jiba was ordered to deliver copies to the DA's Cape Town attorney within the next five days. Those parts of the document she considered confidential had to be marked.

The DA's attorney was ordered not to disclose to any other party, including to the DA, any part of the document which Jiba said was confidential.

Should the DA dispute any claim to confidentiality and should the parties be unable to resolve the dispute, the DA could apply to a judge for a ruling on the issue.

The NPA and Zuma were ordered to pay the costs of the DA's application.


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