Release spy tapes - Ngoepe

2012-10-31 16:34

Johannesburg - Retiring Gauteng Judge President Bernard Ngoepe wants the tapes, which halted the prosecution of President Jacob Zuma, to be released, the Sowetan reported on Wednesday.

Ngoepe reportedly criticised the National Prosecuting Authority (NPA) for not releasing the so-called spy tapes.

The Supreme Court of Appeal ruled in March that the NPA needed to release reduced transcripts of the tapes to the Democratic Alliance.

The NPA has said this was contingent on Zuma's lawyers not objecting on the grounds of confidentiality. Zuma's lawyers objected.

According to the Sowetan's website, Ngoepe said the courts could do nothing more than hold the NPA in contempt, but this was "a drastic mechanism".

"Anyone who wants the order to be carried out can approach courts to ensure that it is done."

Ngoepe told the Sowetan the judiciary's independence could not be threatened, as judges were "the guardians of their independence".

"If the government or any act of Parliament threatens to endanger judges’ independence, judges must declare it unconstitutional and set it aside."

Ngoepe officially retires on Wednesday.

  • christopher.m.lowe - 2012-10-31 16:41

    Do these tapes actually exist? I very much doubt it. They were probably fabricated by Zuma's legal team. That's why they're squealing so much now. They can't produce them because they don't exist!

      godfrey.welman - 2012-10-31 16:54

      Remember this statement, we must find " a political solution" to Zuma's problems.

      larry.piggott1 - 2012-10-31 18:42

      Guarantee that there is as much on the "Tapes" as there is between JZ's Ears…. total Blank.

      kevin.watson.7906 - 2012-10-31 19:29

      Sage.wiseman, another for dictionary, Kleptocracy, defined as government by thieves who steal what they cannot legitimately purloin.

  • - 2012-10-31 16:41

    Of course Zuma's lawyers objected. What a great pity that this judge retires as soon as he has made this ruling.

      andrez.kolesky - 2012-10-31 17:07

      @sage. And labelled a bloody agent and a counter-revolutionist in the process

      norman.buchalter - 2012-10-31 17:50

      And Mogoeng says nothing! Is it unethical for a concourt judge to comment upon a SCA ruling that won't be carried out?

      kevin.watson.7906 - 2012-10-31 19:30

      You cannot fire a Judge, he can under certain circumstances be impeached.

  • ally.oh.7 - 2012-10-31 16:45

    Zipper boy has lots to hide -- and be ashamed of -- which is why he and his cronies are prevaricating and quite clearly in breach of the constitution. Toss the lot of them in jail until they hand over the tapes. Send Zuma back to Robben Island until he learns that in a democratic state you don't just stick up your middle finger to dismiss all and sundry.

  • mbuti.manopole.3 - 2012-10-31 16:51

    We need them b4 mangaung ,RELEASE agg head !

  • mbuti.manopole.3 - 2012-10-31 16:54

    We need them b4 Mangaung RELEASE egg Head !! Call Lindiwe Mazibuko ,she doesn't take no nonsense

  • alaina.robbertse - 2012-10-31 16:59

    They just want to hang on to those tapes untill after DEC.They are playing for time now.

  • bongani.nsele.58 - 2012-10-31 17:00

    what is the purpose of all this?

      matusowsky - 2012-10-31 17:08

      to get justice done. Nobody BUT Zuma's defense team knows what was in the alleged spy tapes which got his prosecution thrown out of court. It is in the public interest to know if the spy tapes were really enough to get his prosecution thrown out. Think about this: schabir shaik gets thrown into jail for corruption but Zuma does not? Now they are scared to release the spy tapes? Why would you be so apprehensive about releasing spy tapes if they are the very same thing that helped you get the case against you dropped?

      andrez.kolesky - 2012-10-31 17:08

      To get him to court for 700+ transgressions, where have you been ???

      siphom.mnguni - 2012-10-31 17:29

      @bongani.nsele:)the purpose of this is section 38(d) of the Constitution,1996 which empowered Mrs Hellen Zille to act on public interest to demand the so-called spy tapes which the then Acting National Director of Public Prosecutions, Advocate Mokotedi Mpshe cited as the reason to abandon the prosecution of Mr Jacob Zuma on corruption charges. Ge cited reasons that the case was contaminated because of a taped conversation between prosecutors. In the public interest the public want to make it's own conclusions.

      rofhiwa.ronald.1 - 2012-10-31 18:26

      To get a greenlight to prosecute úr president

  • sthembiso.jali.50 - 2012-10-31 17:05

    why did ngoepe wait till now to say something. some of these people think we were born yesterday.

      maureen.churchill.9 - 2012-10-31 17:34

      'cos he's a scaredy cat?

      siphom.mnguni - 2012-10-31 17:36

      He couldn't comment while he was still in the bench least that was to be seen as interference. Now that he is retired his title now is retired judge. More or less ordinary member of the public. So now he comments in the public interest governed by section 38(d) of the Constitution,1996.

  • bryan.culross - 2012-10-31 17:19

    From the somewhat limited exposure I had to him, he was a gr8 credit to the judiciary in South Africa

  • parys.fotograaf - 2012-10-31 17:40

    Independent?? Who pays them, that is who determines their loyalty.

      siphom.mnguni - 2012-10-31 18:43

      It terms of separation of powers government is made up of executive, judiciary and the executive. They are supposed to be independent of each other. The legislature make laws, the executive enforce laws and makes sure they are obeyed. The judiciary interprets law and make a ruling if they are violated. The whole idea is non interference. That is meant by independence. let's illustrate this with the so-called spy tapes. The court said hand them over to DA. Holding on them constitutes contempt of court because the court is independent.

  • vandeventer.sarel - 2012-10-31 18:26

    I would actualy like them to keep it secret for now, i reckon if zuma wins another term lots of anc supporters wont vote next elections and hopefully we can get anc under 50 percent come 2014

  • thulani.sparks - 2012-10-31 18:50

    Drunk Judge...

  • rofhiwa.ronald.1 - 2012-10-31 19:09

    Bernad ngoepe ur a coward whose acting like a runaway wildfire .uwere suppose to persuade NPA to release those tapes n transcripts while ú were still an active judge not now when uleft with few hours:::ONE:::

  • slikhethe33 - 2012-11-01 07:20

    This mechanism will remove shower head man.

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