Arbitrator appointed in spy tape matter

2014-08-23 09:00

Johannesburg - Legal teams representing the DA, President Jacob Zuma and the NPA have agreed on an arbitrator to review the full-set of the so-called spy tapes records, Democratic Alliance leader Helen Zille said on Friday.

"An agreement was reached today to appoint retired Supreme Court of Appeal (SCA) Judge Noel Hurt to act as an arbitrator," she said in a statement.

"This appointment will now become an order of the SCA at a date to be determined by the court. Once the SCA has finalised this order, all spy tapes records will be released to the arbitrator."

On August 15, a full bench of the SCA gave Zuma and the DA a chance to resolve their differences with regard to documents in the National Prosecuting Authority's (NPA) possession involving the tapes.

At the time, the two sides agreed in principle to a third party, a senior legal mind, to be asked to judge what information formed part of the confidential representations of Zuma to the NPA.

The legal counsels had until 16:00 on Friday to have an agreement delivered to the SCA.

A SCA court official confirmed on Friday that papers were sent to the court by the deadline.

In April 2009, then acting NPA head Mokotedi Mpshe withdrew fraud and corruption charges against Zuma.

In March last year, the SCA ordered the NPA to lodge a record of the documents on which the NPA based their decision, with the registrar of the high court.

The NPA refused to do so on the basis that it contained confidential representations by Zuma.

The High Court in Pretoria then ordered the NPA to adhere to the original order by the SCA for a reduced record of the documents that the DA was looking for. They included the so-called spy tapes.

Zuma appealed against this decision.

Zille said on Friday that only records determined by the arbitrator to be part of Zuma’s confidential submissions to the NPA, and therefore privileged, would not be released to the DA.

"The decision of the arbitrator will be final and binding on all parties," she said.

"The DA’s legal team will then study the records on receipt to determine whether a high court review of the NPA’s decision is appropriate."

  • Trevor Whitehead - 2014-08-23 09:15


  • DiCanio - 2014-08-23 09:17

    What tapes? stop wasting our time GOGO Zille.

      Made-In SA - 2014-08-23 09:22

      The tapes that the then NDPP said he based his decision on to withdrew the 783 charges against LazyJZ783.LazyJZ's get out of jail free card.Those tapes.

      DiCanio - 2014-08-23 09:35

      @RacistBuffalo, I do not have time for this, vetsaak.

      Lwandile Mabusela - 2014-08-23 09:41

      DiCanio there are no tapes here. NPA lied to the country

      DiCanio - 2014-08-23 09:49

      @Johan, the ANC is not falling apart, there were two parties that were completely destroyed, NP and your party AWB. sies tog!!

      Made-In SA - 2014-08-23 09:55

      @Dicanio.The ANC is the reason why Parliament is becoming a circus.The root cause of the problems is the President.Malema and the EFF are just the sympthoms of that root cause. PAY BACK THE MONEY.WE WANT THE MONEY. WE ALSO WANT THE SPYTAPES.

      DiCanio - 2014-08-23 09:56

      @BoeremagBuff, the apartheid gravy train that is, remember that, two doors (white/black) everywhere in the country.

      DiCanio - 2014-08-23 10:07

      @Made-In SA, agreed, but the ANC is not as bad as your apartheid government. Do you perhaps know that during your segregation years, a black man was not allowed to own a computer?

      DiCanio - 2014-08-23 10:20

      Waze wajabula bo Pumlani, uma ubhekise kimina, ngizothi kuwena sengathi inkosi ingaba nawe. Angeke ngize ngivume ukudelelwa yilamabhunu ngoba nje ngincenga ukuthi kuzothiwa ngihlakaniphile. Nxese bandla.

      DiCanio - 2014-08-23 10:29

      I am not a politician but an Engineer.

      Made-In SA - 2014-08-23 10:33

      @Dicanio.When did computers became commercially available?I was at school right up until the Kodesa negotiations,and I did not know anybody with a computer that time.

      DiCanio - 2014-08-23 11:01

      @Made-In SA, my dad had an IBM 386 with lotus 123. ms-pro, dos 6.0, pasca, delphi and quarto-pro, one day police came and ask for papers, they then told him he is not allowed to own a computer.

      DiCanio - 2014-08-23 11:23

      Wow!!!. I hope that would be enough.

      Made-In SA - 2014-08-23 11:28

      @Dicanio.If you are telling the truth about the computer,if you are telling the truth,then off course it was wrong what the police did.

      Johan Nothnagel - 2014-08-23 11:42

      Hi all, please do not take DiCanio serious. He is a waist of oxygen dead deactivated braincell like his criminal and rapist president...... Only Hellen Zille is a real president !!!!

      DiCanio - 2014-08-23 12:02

      @Johan, did you just say "Only Hellen Zille is the reall president". JZ remain your president as along as you live in this country, the only other party that has a chance to rule this country after the ANC would be the EFF and I am being realistic here. Here is your chance to choose Julius Malema or Jacob Zuma as your president, please leave the premier of the Western Cape out of this.

      Jonathan Woods - 2014-08-23 13:07

      The thing is DiCanio, the police were probably right he was not allowed to be in possession of stolen goods. Back then only companies had computers !

      DiCanio - 2014-08-23 13:21

      @Jonathan, my dad was working in the laboratory at the Gold Mine and had papers for that IBM PC. Are you now saying black people are thieves? Please do not behave like this MP in parliament who always disturb the proceedings by calling for "Point of order" when Julius Malema speaks.

      Johan Nothnagel - 2014-08-23 13:26

      DiCanio - you eat banana and keep quite you baffoon.

      DiCanio - 2014-08-23 17:55

      @Johan, Banana's makes you fat, I look what I eat unlike you, koeksuster en pannekoek grinder, vetsaak.

      Jonathan Woods - 2014-08-23 19:38

      Yeh right DiCanio we all believe you. Unfortunately your leaders have set a president by their behaviour . so now you will have to live the perception that they have created !

  • Tim Elliott - 2014-08-23 09:19

    Just how much more controversy & scandals does Zuma need to be embroiled in before he "gets it" & resigns. He is a disgrace to SA

  • Stuart Shaw - 2014-08-23 09:20

    What can be confidential with these tapes? He either admitted or denied the charges. Alternatively he named / blamed other high ranking ANC Officials and the NPA failed to prosecute their chums!

  • Made-In SA - 2014-08-23 09:25

    In a recent edition of the investigating newspaper on Fridays,i read an interesting article of exactly what the spytapes were. They were the result of a full blown SAPS Crime Intelligence operation,dating back to 2003,called Operation Destroy Lucifer,targeting around 45 people in the NPA and Scorpions like Leonard McCarthy and Gerrie Nel. Another interesting fact is that a former commander of Crime Intelligence,Mulangi Mphegho,at one point in the endless prosecutoral wars stated under oath that these phone intercepts reveal that the NDPP who decided not to charge Number One,Mokotedi Mpshe, had an affair with a prosecutor in Kimberley and that he alledgedly approved fraudulent travel claims by her in order to pursue the relationship with him.Nice blackmailing material don't you think? Mpshe is still an acting judge in the Land Claims court 4 years after he left the post of NDPP and has never appeared before the Judicial Services Commission,where difficult questions can be asked. In that article it is also clearly stated that Mpegho in 2007 approved an application to conduct phone and electronic intercepts of 6 targets on the basis that they are drug suspects.One of that suspects was Leonard McCarthy. A certain Richard Mdluli also approached a certain Prince Mokotedi,head of the NPA "Integrity" Management Unit in September 2007,to ask for help in his investigation of Gerrie Nel,Mokotedi referred him to a certain Nomgcobo Jiba

      Made-In SA - 2014-08-23 09:26

      Jiba of course had an axe to grind with Gerrie Nel,because he secured the conviction of her husband,an attorney by the name of Booker Nhantshi for theft of trust funds.She would later go to considerable lengths to procure an arrest warrant for Gerrie Nel.Jiba was also in frequent communication with a certain Lawrence Mrwebi,who provided an affidavit in support of Mdluli's investigation of Nel.Nothing came of any investigation of Nel,as we all know.Number One would later expunge the criminal record of Booker Nhantshi,and he was appointed to a government job. Jiba was internally charged for her actions,but after a labour court case,Mpshe approved an out of court settlement and she was reinstated. Off course Jiba took over as NDPP from Menzi Simelane,and Jiba and Mrwebi shielded Mdluli from prosecution even though a Hawks dossier implicated him in the theft of millions from the SAPS secret account. As should be clear by now Number One appointed Mxolisi Nxasana because he thought he could control him.That after the DA threatened with a court case if Number One did not appoint a permanent NDPP. When he turned out to be more independent and decided to charge Mdluli,his fate was sealed. One of the many questions now is,what does Mdluli know to ensure him this kind of protection?

  • September Mphikeleli - 2014-08-23 09:31

    You guys can repeat one story always please do research to much stories out there Cape town police are killing protestors there in Marikana

      Oppie Koppie - 2014-08-23 10:22

      Sheet for brains. Shut up and stop embarrasing yourself

      Motho Fela - 2014-08-23 12:10

      Poor people continue to suffer under Zuma's corruption, please do research. ANC killed Marikana miners.

  • Khuliso Mutsha - 2014-08-23 09:31

    Welcome back To news24 madam.

      themba.nsele.71 - 2014-08-23 21:29

      She will disappear again. Van bet that within this time she was not around, some thought, actions, decisions were taken and she takes were against any thing with a black skin.

  • Johan Nothnagel - 2014-08-23 09:35

    Hallo there MY President "Hellen Zille" - my dag is gemaak om tannie weer te sien op News24 - nou is ek weer vol smiles !!!!

  • Mart Botha - 2014-08-23 09:47

    If we'd saved half the time and money spent on investigating ANC irregularities since 1994, we could buy China...for ! This is just another cog in the ANC's 're-distribution of wealth to self machine'. Zuma is being appropriately rewarded for the role and risks he is playing\taking for his echelon. These shenanigans have already set back the aspirations of the povo 100 years. And the world is watching. Humanitarian Aid will be hard to get when the time comes...and it is's part of the enrichment agenda. Who of our free neighbours has his begging bowl out right now ?

      themba.nsele.71 - 2014-08-23 21:27

      No irregularities what we have is black people that some are very quick to forget their history.

  • Eugene Marais - 2014-08-23 10:01

    This countries no 1 (ashamed to mention this is our SA voters highest choice ) is more slippery than sea weed on wet rocks-his buddy HULLEY will help him out and make the taxpayers pay more in legal consultation..whois REALLY running this sick hope !

  • Oppie Koppie - 2014-08-23 10:16

    And I will say it again. @rsehole JZ is more slippery than an eel in an oilslick

      Made-In SA - 2014-08-23 10:36

      And he can duck and dive questions put to him better than the best rugby player of all time.

      themba.nsele.71 - 2014-08-23 21:26

      He is an hornets, humbled man who spent most if his youth life fighting the laws of the oppressors.

  • Phil Galpin - 2014-08-23 10:25

    What has been passed to the Court? The actual tapes? Selected bits? Text of what is purported to be on the tapes? Whatever, Zuma has to prove that Mpshe was legally correct. Or go back before the Court to face charges. Believe me that is not going to happen.

  • Luzuko Mdingi - 2014-08-23 10:34

    I dont even think that these spy tapes exist to be honest,good luck to the DA,i think they will need a lot of it this time.

  • Jacqui Daane Van Rensburg - 2014-08-23 10:55

    Will this then be the end of this ongoing saga and will Zuma slip through the cracks once again?.

      themba.nsele.71 - 2014-08-23 21:23

      What we see here us not going to end since ANC and DA are existing political parties,,

  • Thulani Thukzeni - 2014-08-23 11:06

    uphunyuka bemphethe lo u will chase him 4da rest of your lyf

      themba.nsele.71 - 2014-08-23 21:16

      Abamazi ukuthi welusa!!

  • Lawrence Robert Atkinson - 2014-08-23 11:41

    Delay delay delay.

      themba.nsele.71 - 2014-08-23 21:17

      And you can also cancel as it's a rubbish waist of time from the stupid oppositions that we have.

  • terry.coomber.1 - 2014-08-23 11:57

    Hopefully we get a new president soon once this one is locked in jail!

      themba.nsele.71 - 2014-08-23 21:18

      He is here to stay. Your idiot

  • Motho Fela - 2014-08-23 12:12

    Hope this tapes still exist, so we can get rid of Zuma the corrupt.

      themba.nsele.71 - 2014-08-23 21:18

      Zuma exist, tapes exist, crime charges do not exist.

  • Zolani Chiliza - 2014-08-23 12:12

    What a waste of time. You will never get this guy. M not even sure ukuthi why you afraid of him, ngoba he like these stupid mlungus. I wish he could be verbal like Malema and chase you all out if this country, ngoba there is no reconciliation. You all still treating us like dogs on the work places. Earning fat salaries ngamandla abantu aba poor. And you still complaining with everything. If nihamba in South Africa, mina I won't mic all, except those whites abacela ukudla in the street of SA

      donovan.hurn - 2014-08-23 20:30

      Why do you have to mix your language with the mlungus language, stick to your own and stop embarrassing yourself

  • Michael Freeman - 2014-08-23 12:28

    So much for our democracy. Any bet the arbitrator will be a Zuma side kick.

  • Utopian Indigent - 2014-08-23 12:30

    Zero chance that Zuma fraud dossier still in tact after amost a decade of stalling due to "Spy Tapes" and NPA staff chaos. So what's the use?

      themba.nsele.71 - 2014-08-23 21:20

      The case was pushed by the DA which is a political games just to bring Zuma down, which is an Unkown impossible

  • Zolani Chiliza - 2014-08-23 17:32

    Shireen Eva, Don't look for racist remarks where they exist. There is nothing wrong with a word MLUNGU, if you don't like blacks to use the word MLUNGU , I will be glad of you can give one we can use.

      themba.nsele.71 - 2014-08-23 21:15

      Do nt waist your time and energy , Mlung is a Mlungu finishes and kraar. The thing is she is trying to associate it with a word ka......err and only to find that blacks have not racial work for Orther nations but just called them mlungus.

  • themba.nsele.71 - 2014-08-23 21:11

    Zuma has been made by the people to be president and he will be removed by the people. As for the DA and that rasit Leader, they need to go and learn how democracy works and a democratic society.

  • themba.nsele.71 - 2014-08-23 21:31

    If I listen to the interviews on these lawyers, it's shocking on both side. Money making,,

  • Wonderboy Nehemiah Mbokazi - 2014-08-24 16:06

    Realese those tapes u r a public property Zuma we want those tapes they need to be public, yekel ukubaleka njetswelaboya give us those tapes

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