The National Prosecution Authority's move seeking leave to appeal a ruling that the decision to drop corruption charges against President Jacob Zuma should be reviewed has sparked national debate about separation of powers.
National Director of Public Prosecutions, Shaun Abrahams, made the announcement to lodge the appeal with the Supreme Court of Appeals at a media briefing on Monday.
702's John Robbie spoke to constitutional law expert, Phephelaphi Dube, regarding the ongoing matter.
She explained the issue around the separation of powers and why the NPA's leave to appeal would be unlikely to succeed.
Listen to the interview below:
We need to understand that the separation of powers argument does make sense. The courts are careful and they defer to to other branches of governance on matters which fall our of their field of expertise.— Phephelaphi Dube, constitutional law expert
We need to understand that the Constution is the supreme law of the land and that all conduct by organs of state needs to be in line with The Constitution.— Phephelaphi Dube, constitutional law expert
There are very slim chances of success in this current appeal because the principle of the [Richard] Mdluli matter is applicable in this case.— Phephelaphi Dube, constitutional law expert
The manner in which he [Shaun Abrahams] has conducted himself and the arguments he has presented foes raise some eyebrows. But ultimately, it will be for the courts to decide.— Phephelaphi Dube, constitutional law expert