Zuma wants to make fresh representation to NPA boss in spy tapes case

The Supreme Court of Appeal (SCA) in Bloemfontein heard arguments in a nine-year long legal battle to have criminal charges against President Jacob Zuma reinstated.

This after President Zuma and the National Prosecuting Authority (NPA) appealed the High Court's ruling that the decision to withdraw charges against Zuma was irrational.

Then acting National Director of Public Prosecutions, Mokotedi Mpshe, withdrew the charges, after hearing representations from Zuma, which included the so-called spy tapes.

The NPA and the President later submitted applications to appeal the High Court's decision but were denied direct access to appeal. They then filed applications to the SCA, which granted them access and allowed their legal teams to present arguments.

In a dramatic turn of events in court today, both the National Prosecuting Authority and President Jacob Zuma’s legal teams have conceded that the decision to withdraw criminal charges was irrational and should be set aside.

EWN's Barry Bateman reports that in a surprise about turn, Zuma’s advocate Kemp J Kemp told the court he concedes that Mokotedi’s 2009 decision was irrational and stands to be set aside.

It was a very interesting point they conceded on. It related to a legal technical point that was identified by the NPA's advocate Hilton Epstein....he picked up this 'difficulty'...when he was drafting his papers.

Barry Bateman, EWN reporter

It relates to the provision upon which Mpshe relied to make his decision to review the decision to prosecute President Jacob Zuma. In terms of the case law Mpshe was not entitled to do so as an NDPP.

Therefore it is irrational and stands to be set aside....and there was no fight back against it.

Barry Bateman, EWN reporter

What was planned as an appeal turned into a discussion about what happen's next, says Bateman.

The NPA want this matter to go back to prosecutions boss Sean Abrahams to reconsider afresh, he adds.

Listen to the latest update and analysis from Barry Bateman:

Earlier on The Midday Report, Bateman explained some of the argument put before the court on Thursday.

Assuming that the court does find that the decision in 2009 was invalid and it is set aside, what happens then?

Barry Bateman, EWN reporter

The argument from Shaun Abrahams is that it ought to go back to him as director to make a decision afresh.

Barry Bateman, EWN reporter

The court isn't accepting that... They are saying the way it is going to happen is that once the decision is invalid it reverts back to the status quo before that.

Barry Bateman, EWN reporter

Adv Paul Hoffman, director of an NGO Accountability Now, had advised in the past that the NPA's decision to appeal the High Court's ruling as ill advised.

This goes to the question of the competence and the experience of the leadership of the NPA. If they don't appreciate that if a decision to withdraw a prosecution that has been put on the table is reserved in a judicial review, then the initial process to start a prosecution against Jacob Zuma stands.

Adv Paul Hoffman, director of an NGO Accountability Now

That ought to be quite apparent to an experienced and competent national director of public prosecution.

Adv Paul Hoffman, director of an NGO Accountability Now

It seems a lot of time has been wasted on ducking and diving, delaying and deflecting not only on the part of Jacob Zuma and also the NPA.

Adv Paul Hoffman, director of an NGO Accountability Now

To hear more of this interview, listen below:


Recommended

by NEWSROOM AI
Read More
Crime intelligence is not performing the function that it should - Gareth Newham

Crime intelligence is not performing the function that it should - Gareth Newham

Gareth Newham, ISS Head of Governance, says it is strange Mokushane was appointed without proper checks.

'South Africans no longer have the appetite for another Zuma' - analyst

'South Africans no longer have the appetite for another Zuma' - analyst

Professor Lesiba Teffo, political analyst based at Unisa, gives an analysis on the ANC's recent shortcomings.

'Drafters of our Constitution never anticipated a president so compromised'

'Drafters of our Constitution never anticipated a president so compromised'

There's a constitutional cloud hanging over the President Zuma's head as he prepares to deliver his State of the Nation Address.

NPA has no leg to stand on in 'spy tapes' ConCourt appeal - expert

NPA has no leg to stand on in 'spy tapes' ConCourt appeal - expert

The NPA says it wants its functions and powers clarified in court after President Jacob Zuma's 2009 charges were reinstated.

High Court dismisses appeal to have Zuma's spy tapes charges dropped

High Court dismisses appeal to have Zuma's spy tapes charges dropped

The court ruled that the hundreds of fraud and corruption charges against President Jacob Zuma have in effect been reinstated.

Zuma and NPA lawyers back in court to battle spy tapes ruling

Zuma and NPA lawyers back in court to battle spy tapes ruling

Lawyers for Jacob Zuma take arguments back to high court today to appeal decision against president regarding corruption charges.

NPA boss to appeal reinstatement of Zuma 'spy tapes' charges

NPA boss to appeal reinstatement of Zuma 'spy tapes' charges

EWN's Barry Bateman says there are 6 grounds on which the NPA will appeal the ruling that set aside scrapping of Zuma's charges.

Jiba suspension dismissed, DA to appeal

Jiba suspension dismissed, DA to appeal

The courts ruled that Nomgcobo Jiba, described as the second most powerful person at the NPA, can hold onto her job for now.

Popular articles
Africa State of Mind: 'My dream is to be global' -  Sho Madjozi

Africa State of Mind: 'My dream is to be global' - Sho Madjozi

In this episode of Africa State of Mind, Lee Kasumba chats to South African rapper Sho Madjozi about her upbringing, and rise to fame.

'Love your vulva the way it is' - Designer vaginas are dangerous, warns Dr Eve

'Love your vulva the way it is' - Designer vaginas are dangerous, warns Dr Eve

So-called 'designer vaginas' are created through various surgical or non-surgical procedures, explains clinical sexologist Dr Eve.

'Shutdown of Ndalo Media is no surprise and is a blow to media diversity'

'Shutdown of Ndalo Media is no surprise and is a blow to media diversity'

The company will reportedly shut its doors in January 2019.

'Cyril is the most popular president since Nelson Mandela'

'Cyril is the most popular president since Nelson Mandela'

Author Max de Preez weighs in on where SA would be if Jacob Zuma was still president and the impact of Ramaphosa now.

Kidnapping for ransom on the rise in Gauteng

Kidnapping for ransom on the rise in Gauteng

Gauteng MEC for Community Safety Sizakele Nkosi-Malobane says kidnapers are out to get a ransom from desperate parents.

[WATCH] Internet search for talented singer Nosipho is over...she's been found!

[WATCH] Internet search for talented singer Nosipho is over...she's been found!

Khabazela shares tweets and Facebook posts that have gone viral.

'Evidence is solid. Poor people’s money was used illegally. Shivambu benefitted'

'Evidence is solid. Poor people’s money was used illegally. Shivambu benefitted'

Ray White interviews Pauli van Wyk, an investigative journalist with Scorpio at Daily Maverick.

[WATCH] Hilarious little girl tells mom that she needs a boyfriend

[WATCH] Hilarious little girl tells mom that she needs a boyfriend

Khabazela shares some of the most popular tweets, posts, and videos on 'What's gone viral'.

'I thought he was going to rape me' - Ellen Pakkies on killing drug addict son

'I thought he was going to rape me' - Ellen Pakkies on killing drug addict son

'Ellen' The Ellen Pakkies Story, premiers in cinemas on Friday.