Court to rule on Zuma records

2012-03-19 22:14

Bloemfontein - The Supreme Court of Appeal will give judgment on Tuesday in an appeal by the DA in its pursuit of the records of the suspension of criminal charges against President Jacob Zuma in 2009.

The Democratic Alliance wants a review of the decision by the then acting national director of public prosecutions Mokotedi Mpshe to drop charges against Zuma, who was at the time not yet elected president.

The DA has also called on the National Prosecuting Authority to produce the record of proceedings in respect to the decision.

The High Court earlier held the DA had not shown that the NPA's decision not to prosecute Zuma had materially or adversely affected its rights, those of its members or those of the broader public.

The NPA dropped charges against Zuma at a time when it was apparent that he would become the next president, shortly before the 2009 general elections.

The NPA had refused the DA its records and indicated it would challenge the opposition party's standing to bring the matter to court and the reviewability of the decision as preliminary matters.

In 2011, the High Court held for the NPA, and the DA asked for leave to appeal against the decision to the Supreme Court of Appeal (SCA), which was granted.

The SCA has been asked to follow a broader approach to give the DA legal standing to get records from the NPA.

Arguing before the SCA, the DA submitted that the High Court had followed a narrow course in its decision on the party’s rights, which was not in line with decisions in the Constitutional Court.

The DA denied acting in a "perceived" public interest, as claimed by the NPA.

It was argued there was no other way in taking a decision such as Mpshe's on review, but through the courts.

On the other hand, the NPA argued it had a right to question the DA's standing in the matter.

It was submitted that the Zuma records were a highly unusual case involving highly controversial information, which justified the NPA's questioning the DA's right to access.

  • Kim - 2012-03-19 22:34

    What illness is Zuma going to have?

      John - 2012-03-19 22:40

      lol Kim. I remember someone was posting about Jackie Selebi and his tight shoes in prison. Probably something similar....

      Piet - 2012-03-19 22:53

      No Kim he got Moegoeng in place to help him....

      Werner - 2012-03-20 05:07

      Mark my words, nothing will come of this.

      jasongavin.leroux - 2012-03-20 08:13

      You're right, both you and Werner. Nothing will come of this and if there is we can almost guarantee that he will be desperately ill right after the case. The problem arises when our very own President has a court appearance and here are the majority of our population voting for him. This means that if you are a criminal, you belong in our government(well at least that's the immage we are giving off) and you will do well. I really don't want to live on this planet anymore...

      Randomhero6661 - 2012-03-20 09:12

      where you gonna live then?

  • An observer - 2012-03-19 22:42

    Ah, of course, transparency is clearly not a value that the ANC espouse. They want to introduce a "Secrecy Bill" to give effect to this aspiration. Hiding your sins from the public is a well-trodden path of the rich and powerful. Hiding your sins from yourself leads to delusion, a place Mr Zuma is quite acquainted with.

      Lacrimose - 2012-03-19 23:15

      And all through history of human kind you will see that the wealthier and more powerful people get, the less they perceive the rules of society being applicable to them. Ironically, it is Democracy which is supposed to cure this very ancient feudal/fiefdom/appointed by God syndrome. A free press, free access to information for ALL, is the only way to bring them to book. Usually after the fact, for they can summon up a compelling argument to hold sway. We'll never stop it - it's human nature. But when it's covered up, we mere mortals stand 0 chance. Here is the real Struggle..

  • Mncedisi Budaza - 2012-03-20 06:21

    Like the say Zuma, its a good in tactics, he place Menzi Silemane NPA boss, then Chief judge Mogeong then mr Cele with his secrecry bill and some in intelligencry so then he can manipulate the count decision to his advantage and lastly he wants the decision by Court to review. Well its pity that our pres uses our state organs to fight his battle n protect him.

  • SarelJBotha - 2012-03-20 06:55

    The courts belong to the people and should do what is right by the people. Clearly the DA is articulating a valid concern of the people and now is their chance to once and for all start the road to remove this Zuma anchor from our country.

  • Blessed Ndlovu Maratuza - 2012-03-20 07:22

    Whats DA's problem, dont they have better things to do? They r not doin this 4 the people, but just for their political score. Making JZ look bad wont give u votes. U shld let this go, Didnt we let the sleeping dogs lie after independence..

      Stephen - 2012-03-20 07:32

      You don't deserve a vote, but you do deserve what’s coming.

      nolan.brunsdon - 2012-03-20 07:34

      No you did not let the sleeping dogs lie, we are paying everyday with things like affirmative action.

      snylo - 2012-03-20 08:56

      Bless poor Blessed, another one of the brainwashed majority who believe they going to get it all. Clearly not too bright.

  • Getafix - 2012-03-20 07:27

    We, the DA and the public should be granted ACCESS, What's under this highly controversial Carpet?

  • Mike - 2012-03-20 08:06

    I compare the anc to nazi germany, hitler and his clan convinced an entire country to make war on europe and the world, for what? To make germany bigger in essence, and what happened? they were defeated. Much like the anc has an entire population convinced to keep voting them in, even though they destroying a once self sufficient wealthy country and who's gaining from it? only government, not the people that keep voting them in.

  • Cast53 - 2012-03-20 08:33

    Isn't a criminal record a qualifying factor to get an ANC membership?

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