DA's Zuma appeal back in court

2012-02-15 08:05

Johannesburg - The DA's legal pursuit for the records that led to the suspension of criminal charges against President Jacob Zuma in 2009 continues in the Supreme Court of Appeal on Wednesday.

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 NPA to produce the record of proceedings in respect to the decision.

The SCA will hear argument in an appeal by the DA against a decision in the North Gauteng High Court in Pretoria, which held that the party had no right to appear in court on the matter (locus standi).


The high court held previously that 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 that it was apparent that he would become the next president, shortly before the 2009 general elections.

The NPA has refused the DA its records and has indicated that it will challenge the opposition party's locus standi 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 the decision, which was granted.

The DA will try to convince the Supreme Court of Appeal (SCA) that it and two intervening parties, Richard Young and CCII Systems, who were complainants in the alleged criminal matter against Zuma, have a right to challenge Mpshe's decision.

In papers filed at court, the DA said the high court followed the wrong approach to its right and should have followed a more "generous and expansive" approach to standing, which the Constitutional Court had repeatedly stated.

Party political

The NPA submitted in papers to the SCA that the DA's interests were "party political interests" in nature as opposed to legal interests. It supported the high court's finding against the DA on this point.

Zuma's legal adviser Michael Hulley, in opposing papers, also argued that the DA, as a minority opposition party, had brought the review application on the basis of its standing as a political party.

Hulley argued that the actual interest in the results of the NPA decision was not clearly spelled out. He said the DA was only out to score "political points" with the case.

  • Kacee - 2012-02-15 08:07

    Wonder if Juju going to help them in this case..LOL

      Mncedisi Budaza - 2012-02-15 14:33

      Kacee u leave Juju alone. He was used to settle political score,

  • Bardy - 2012-02-15 08:21

    The DA should definitely be the next party in control. Western Cape is a shining example of how SA could be! Zuma and the whole ANC are all corrupt and should be taken out!

      kgomotso.radise - 2012-02-15 08:30

      It goes without saying that some ANCYL and ANC members will endorse this litigation. Good luck DA

      Mtizozo - 2012-02-15 09:26

      Another way of waisting tax payers money in CT, the DA will never be an alternative party because they don't bring alternative to the people rather spending money to fight JZ, I suppoe this is the only legal and left way to pay another whits lawers.

      msendi - 2012-02-15 09:45

      Taken out by who??? Just asking. DA is good where it is.

      Spyker - 2012-02-15 12:18

      Alicia.., I hope you have had your prescription Prozac since your bout of rhetoric - hopefully this time it was not mixed with the obligatory shot of 'courage' (kindly reference the recent, Whitney and the not so recent, Amy). The frightening reality is that SA has 'progressed' nothing since the "...Progressional...(sic) [i.e. PROGRESSIVE] Party. I am beginning to think the DA is simply the ANC in drag. A bunch of trans-racial perverts whose only tangible legacy is a poster.., accordingly. Not am I suggesting for a moment that the 'brannewyn & boerewors bierpens' brigade is anything other than white gardeners in khaki drag. To date though, the ONLY entity that has remained rational and intelligent in their approach and has persistently scored REAL points, has been – Afriforum. Afriforum however, is a reactive civil-rights movement and as such not the entity that will return those who built South Africa, from nothing other than a feral wasteland, to their rightful place in the economy. We need a political party whose key priority is, the immediate seizure of all tax-revenue, currently funding the biggest organised crime syndicate - the ANC. A party representing 80% of those who are paying 80% of the bona fide tax revenue. We seem to forget that the 'government' has NO right to our tax-money, by no measure conceivable in what is regarded as a democracy - tax revenue is handed to the 'government' in good faith. In short: NO TAXATION WITHOUT REPRESENTATION..!

      Spyker - 2012-02-15 12:43

      Alicia.., Thank you for your most intellectually stimulating retort – it speaks for itself...

      Garth - 2012-02-15 13:04

      Agree with the majority of your post SM, with the exception of your thoughts on what the DA is becoming. I agree that they should get off the anc agenda and inject new politics into SA. The DA are `dumbing down' in an effort to attract the ignorants that retain the ineptocrats in power. What they should be doing is educating the voting public in the field of politics and thereby raising their political intellect away from the useless, worthless anc. Compete against them, not with them. Afriforum uses intellect against the anc ignorance and succeeds. Only if SA has educated voters, shall we dispense with this thieving lot. Zimbabwe is our lesson: Mad Bob is still there because of ignorant voters. Retain the ineptocrats through ignorance, or oust them using intellect. Do not go head to head with stupid, for their are more of them and their voices are louder. No taxation without representation - come on DA, wake up!

  • mntwaphi - 2012-02-15 08:25

    Enough Helen you should stop this cheap political stunt, you and Malema are the same just leave Jacob Zuma alone. The guy is doing a great job.

      BetBoon - 2012-02-15 08:36

      Oh my oath bmntwaphi where have YOU been? I think you are living on your own planet! LOL!!!!!

      pws69 - 2012-02-15 08:41

      Great job? Bwahahahahaahahahahahahahahahaaaa ROTFLMAO

      lindz.kok - 2012-02-15 08:42

      a grat job at turning us into zimbabwe yes... he cant even manage his gardener let alone a country. i think his little buddy malema should represent him in court...

      Christopher - 2012-02-15 08:44

      @bmntwaphi...Zuma has done a great job...are you mentally retarded? Its the likes of Malema that makes Zuma look like he is doing a "wonderful" job...Malema is Zuma's side show, the main show(Zuma) has no balls and no idea how to run a country. The taxman is running this country, because Zuma cannot even run his own household...

      Sharon - 2012-02-15 08:46

      Shouldn't this information be in the public domain? What could be so damaging that it needs to be hidden away? Its time to put this to bed once and for all. JZ has a sword hanging over his head, and for his own sake as well as for all South Africans, it needs to be sorted out. This has nothing to do with politics, but has everything to do with the credibility of the president.

      Paul - 2012-02-15 09:09

      Yip - He sure is doing a great job at hiding the truth, enabling corruption, cadre deployment, ignoring his people and stealing our money.

      Moss - 2012-02-15 09:44

      Great job, you must be zulu, naive as usual!!

      Mano-Lee - 2012-02-15 11:00

      @bmntwaphi - And this is whats wrong with africa. The inhabitants cant see evil from good. Blind leading the blind

      Maredi - 2012-02-15 12:03

      A great job doing what exactly. Are you blind or clueless. The man will go down in history as SA's most useless president!

  • kwbateman - 2012-02-15 08:39

    Why fight to hide something that could set the record straight? Simple truth is - if you have nothing to hide you cannot be worried about what people see or do not see.

  • Stan - 2012-02-15 08:39

    Zuma will squash Zille. As he did Mbeki and many others who dared take on him. Zuma is the Shaka Zulu of our time.

      Christopher - 2012-02-15 08:48

      Stan the idiot!. one thing for sure, the crime rate in South Africa compares to King Shakas butchering of innocent people.

      Herman - 2012-02-15 09:00

      You are a true reflection of the uneducated corrupt and mentally retarded people voting for the anc, stan

      msendi - 2012-02-15 09:53

      @Herman. You don't have to be black and vote ANC to be stupid, sometimes your statement can prove that beyond doubt… Read yours and think again…

      fredahsm - 2012-02-15 09:54

      @herman: Its my choice to vote ANC, and enjoying my retardness. its your choice to vote da, and your insanity. Guess there is more retards than insane ppl in this country, which is why the da have never been in power since 1994...... The judiciary will what they have to do, whatever happens da wil never have my VOTE......its my choice

      FlowingRivers - 2012-02-15 10:57

      @Stan......Agree with u 100% , but I think now we need someone with Dingaans mentality now ......can u believe he had already got it right back then.....if only the playing fields were level back then.....!

  • Hugh - 2012-02-15 08:42

    I have mixed feelings about this. Where there's smoke there's fire but in term of the DA popularity with the wider demographic I'm not sure this is wise. They may just end up alienating themselves.

      pws69 - 2012-02-15 08:52

      The DA will never compromise ethic for expedience or popularity. Evil prevails when good men do nothing.

      msendi - 2012-02-15 10:43

      @pws69… In this case good men is DA? lmao…

      Mano-Lee - 2012-02-15 19:32

      @msendi - The DA are exposing the anc for what they are. Therefore they be the good men mentioned above. The anc hide and condone the evil done, therefore they be the bad men. Simple logic

  • pws69 - 2012-02-15 08:45

    Justice is proportional to your bank balance. I, as an interested party, would have LOVED to take this to court. I just don't have millions for the legal fees. The DA, therefore, represents my interests, as an INTERESTED AND AFFECTED PARTY. The fact remains that the Arms Deal corruption cost us, as a country, more than R30 BILLION unnecessarily. Most importantly, Zuma stated publicly at his trial that he would not go down alone. That is an ADMISSION of GUILT, for TWO crimes - Corruption, and withholding information or failing to report crime.

  • Herman - 2012-02-15 08:51

    This criminal incompetent anc regime must be removed from governance ASAP

  • clive.s.khumalo - 2012-02-15 09:09

    If Gauteng High Court has ruled in favour of the NPA why the DA is appealing? Since when decisions of NPA on prosecutions are now reviewed in court? Thatcher, Agliott, Bees LeRoux, Mncwango etc are questionable decisions not to prosecute or settled by laughable plea bargains but which we accept as NPA has those powers to decided and never we had these decisions tested / taken to courts. Cant DA accept or respect NPA powers here or those powers should only be respected selectively? its worse when another High Court has ruled on the matter and you still appeal it!!!!

      Mtizozo - 2012-02-15 09:35

      they are making themseves momieshes of the year,,

      Mzwandile - 2012-02-15 09:37

      I wonder which lawyers are representing the DA. Administrative law and PAJA are clear on th powers of the prosecuting authority. This is a clear political point scoring case. It a waste of the court's time.

      Cracker - 2012-02-15 10:19

      You seriously don't support the following idea? If the NPA or a prosecutor refuses to prosecute a murderer of one of your family because the murderer is a pal or family of the NPA it would be OK and the NPA will be entitled to hide the real reason from you? It is not that the case is about automatically reviewing decisions of the NPA. It is about getting the reasons for the NPA's decision to decide if it is so far removed from the norm that should apply in the NPA's decision making that it can form the basis of a review application. In other words, if it is clear that a HUGE misapplication of the law took place. Anyway, that's my understanding. It is not wrong or undesirable to expect the NPA to give reasons for its decisions. Accused persons are allowed to take the NPA to court with all kinds of accusations against the NPA. Anyway, just mentioned it for interest sake. The fact that politics and point scoring may also play a role in the motivation to take the issue to court is irrelevant. Did the NPA deviate so far from the norm that its decision was clearly misdirected that corrective action is called for? (Or some formulation like it.) Politics or not. It may even later appear that it was politics that was really the motive for THE NPA's DECISION not to prosecute. Unfortunately the state president is involved. But we as the ordinary people who ask a fair application of the law to ALL were not the ones who took the decisions and put him at center. Nor did the DA.

      Christopher - 2012-02-15 10:26

      @Mzwandile...Just like all your ANC cadres that are going through the court system for defrauding the South African tax payer. Thats a waste of time...they must resign and go straight to jail.Now, the Da wanting to get to the bottom of people screwing the tax payer is well worth the courts time...

      Mano-Lee - 2012-02-15 10:28

      @CLive, come on man! With cadre deployment in every sphere of goverment, including the NPA, how can the people believe the outcome as free and fair. The very way that the charges were dropped smacks of some sinister political interferance. The anc brought charges against itself (NPA), was defended by anc (advocates) and was presided over by the anc and exonerated by the anc (NPA). Can you not see the problem? And lets not forget Zuma's admission of guilt when he said he'd bring down bigger fish. Just that statement alone confirms that he had a part in it and knows of people who benefited. And because of this, no matter what LITTLE good zuma does, he will always be a crook in many peoples eyes! This was one big cover up!

      George - 2012-02-15 10:56

      Mfowethu, I am tempted to agree. Selective justice.

      FlowingRivers - 2012-02-15 11:02

      @Mano ....George Bush is a crook and a liar in many peoples eyes ....dont see any one going after him!

      Mano-Lee - 2012-02-15 19:40

      @flowingrivers, i agree. He is an evil man who planned and executed this war on terror for profit. But thats America dude. We are here in SA. zuma is hidding the truth from all of us including you. Do you have friends without jobs? Friends who live in shacks? Well let me put it into perspective... To date +\- R500 billion rand has been pilferred by the anc, including zuma. Thats the same as the anc taking 3 300 000 RDP house from the poor. Or, laying 500 000 kilometers of new roads. Or building 20 new hospitals... do you see the picture? By now we should have all the people housed in RDP houses. Thats why its important to go after zuma and co because the more they carry on stealing, the more poor people will suffer.

  • Duane - 2012-02-15 09:12

    why are they afraid to share this information, they obviously have something to hide - my 11yr old has more political strategy than these bafoons.

  • Santapola - 2012-02-15 09:27

    It is about time now......

  • Glyn - 2012-02-15 09:30

    Don't they realize that scoring "political points" is central to democracy and therefore IS a legal interest! Time to vote against the anc.

  • Mtizozo - 2012-02-15 09:30

    Political Rule No.1 in the country is "do not upset JZ". what Zille is doing is laizynes to keep and maintain CT, in the next elections CT will be rulled by the Rulling Party.

      msendi - 2012-02-15 10:06

      Watch this space…

      Christopher - 2012-02-15 10:28

      @ Mtizozo...Bwaahhahhahaaaaa your humour is stupidly refreshing...

      Mano-Lee - 2012-02-15 10:53

      the only way the anc can regain WC is: 1) Govern properly and win it back fair and square (that aint happening) 2) Win it back by hook and crook which they are trying now in the form of trying to remove provinsial goverments 3) Take it by force. Which will not go down well as there will be a small short war, the anc will loose, because the mk vets are useless, and CT will become and independant state. watch this space

  • tacod - 2012-02-15 10:18

    Is it not the right to information that the citizens need to be informed about the reason why the charges were dropped. He was elected to president of the country and that affect all the citizens of the country and not just a minority political party. And here I thought that the government say they stand for transparency. The information denied is not state information so it is not under the protection of the so called info bill. After a court hearing, all transcripts should be in the public domain unless it will damage the security of the country. This information will damage the individual and not the country. The only way that the information can damage the country is if it is found that the ANC influenced the judiciary so that their choice man can get the top position. It will damage the credibility of the ANC more than the country.

  • Nyiks11 - 2012-02-15 10:47

    Juju has applied to be a friend of the court

  • Rebaone - 2012-02-15 11:58

    The DA is right to do that because the judiciary should not drop charges against someone just because that person is a member of the ruling party and the other thing is that DA should be the next party in control as we can see what they are doing at western cape.

      Byron - 2012-02-15 12:40

      The judiciary doesnt drop charges. The NPA does/did.

  • Byron - 2012-02-15 12:33

    Cant the DA just let some things slide. Bringing this whole thing up again will just do further harm to South Africa's image.

      Cracker - 2012-02-15 12:59

      It is not "bringing this whole thing up again" that is the problem. It has been an ONGOING process of which the delays are another example of how we will continue paying the penalty for a legal process that should be operating much quicker. We need an overhaul of the legal process in this country so disputes can be quickly dealt with by the various courts. This whole issue should have been finalized long ago.

  • buks.pico1 - 2012-02-15 13:15

    The NPA when they decided to prosecute they said there was a prima facie case against the President.In the Shabir case the Judge said there was a corrupt relationship between Zuma and Shabir. The question why bothers me is for the NPA to withdraw the charges against Zuma was it in the interst of the country or a political pressure. Lets wait and see the outcome of the Appeal court.My believe is that our President is having a cloud hanging over his head regarding the matter. He was not acwquitted in court.It is difficult to say corruption must be stopped or he is against corruption while he had a corrupt relation with Shabir. Recently the fraudster Shabir said the President has not repay him.

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