NPA 'not spy tapes arbiter'

2013-07-24 13:16
President Jacob Zuma (File, AFP)

President Jacob Zuma (File, AFP)

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Pretoria - The NPA is not the appropriate entity to decide whether transcripts of the tapes which led to charges against President Jacob Zuma being dropped are confidential, the North Gauteng High Court in Pretoria heard on Wednesday.

Sean Rosenberg, SC, for the Democratic Alliance, said the National Prosecuting Authority would not make an impartial decision on the contentious documents.

"We submit that in relation to the disputed documentation, it is not the first respondent [NPA] which should ultimately decide," he said.

The NPA, as an organ of the State, was expected to carry out its statutory and constitutional functions impartially.

"This is a matter where the exercise of its constitutional functions and the exercise of its powers is under scrutiny. It is here to defend the exercise of those powers," said Rosenberg.

"It cannot be said to be an impartial party in the context of this litigation. Why should it be final arbiter to an otherwise highly relevant document?"

Rosenberg said releasing the transcripts was not prejudicial to any of the parties, including the NPA and Zuma.

"On the contrary, the potential prejudice on the administration of justice and the rule of law is far greater."
Read more on:    da  |  npa  |  jacob zuma  |  zuma spy tapes

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