Spy tapes: SCA is likely to pass 9-year legal battle to NPA boss for decision

Both the National Prosecuting Authority (NPA) and President Jacob Zuma’s legal teams have conceded that the decision to withdraw criminal charges was irrational and should be set aside.

The NPA wants the court to make an order that will revert the decision to prosecute back to the director of the NPA, Shaun Abrahams to reconsider.

However, The Supreme Court of Appeal's (SCA) Justice Azhar Cachalia proposed that in order to facilitate the progression of a trial, the court may order that a new indictment be served on Zuma.

CapeTalk's Kieno Kammies speaks to Prof Stephen Tuson, Law Professor at Wits to find out what happens next.

Tuson says these back and forth court battles are a total waste of the taxpayers money.

We know that an indictment should be reinstated and be served on the President.

Prof Stephen Tuson, Law Professor at Wits

But the court said in 2014 and yesterday that there is separation of power issue. The National Director of Prosecution Authority should be independent to make his own decision and the court cannot dictate to him the time line, when to do it, how to do it or what the indictment should look like. Those are all his decisions...

Prof Stephen Tuson, Law Professor at Wits

We don't know what Shaun Abrahams is going to do, how he is going to it and when.

Prof Stephen Tuson, Law Professor at Wits

According to Tuson the court had said on Thursday that because 9 years has elapsed since the withdrawal of the charges that key evidence could be lost or key witnesses might have died...

The court implied that Abrahams has a discretion to decide whether there is merit in the charges and whether to continue with the prosecution or not.

To hear more of this interview, listen below:


702 welcomes all comments that are constructive, contribute to discussions in a meaningful manner and take stories forward.

However, we will NOT condone the following:

  • Racism (including offensive comments based on ethnicity and nationality)
  • Sexism
  • Homophobia
  • Religious intolerance
  • Cyber bullying
  • Hate speech
  • Derogatory language
  • Comments inciting violence.

We ask that your comments remain relevant to the articles they appear on and do not include general banter or conversation as this dilutes the effectiveness of the comments section.

We strive to make the 702 community a safe and welcoming space for all.

702 reserves the right to: 1) remove any comments that do not follow the above guidelines; and, 2) ban users who repeatedly infringe the rules.

Should you find any comments upsetting or offensive you can also flag them and we will assess it against our guidelines.

702 is constantly reviewing its comments policy in order to create an environment conducive to constructive conversations.

Read More
Spy tapes saga used to assassinate my career - former NPA boss

Spy tapes saga used to assassinate my career - former NPA boss

Stephen Grootes speaks to Mxolisi Nxasana former National Director of Public Prosecutions.

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

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

President Zuma and the NPA have conceded that the 2009 decision to withdraw charges against him was irrational.

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.

Zuma likely to survive motion of no-confidence

Zuma likely to survive motion of no-confidence

ANC expected to brief media on outcome of the extended three-day NEC meeting, and analyst predicts Zuma critics may be punished.

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.

What the High Court judgement means for Zuma

What the High Court judgement means for Zuma

The High Court has dismissed Zuma’s application for leave to appeal the decision to reinstate corruption charges against him.

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.

Popular articles
So what exactly is radical economic transformation?

So what exactly is radical economic transformation?

Wits associate professor of economics Christopher Malikane speaks to Azania Mosaka about the term that is being bandied about.

Shop 'til you drop: The top 'Black Friday' deals this week

Shop 'til you drop: The top 'Black Friday' deals this week

Start your Christmas shopping off with a bang at these major retailers offering some impressive discounted sales for Black Friday.

Pamela Nomvete on her downfalls as actress, and 'climbing back'

Pamela Nomvete on her downfalls as actress, and 'climbing back'

This week Xolani Gwala's speaks to former Generations actor Pamela Nomvete for #WhatInTheWorldHappenedTo feature.

How Naspers paid peanuts for Tencent (China’s most valuable company)

How Naspers paid peanuts for Tencent (China’s most valuable company)

In 2001 Naspers invested $32 million in (then tiny) Tencent. Learn more about the wildly profitable Chinese behemoth...

'The university degree is dead'

'The university degree is dead'

Flux Trends founder Dion Chang gives five reasons why he believes getting a degree is past its sell by date.

3 easy questions could bag you R2000!

3 easy questions could bag you R2000!

WIN R2000! But only if you can prove you're a whiz of the MTN Biz Quiz by answering the following three questions...

Blesserfinder: Matching you with a sugar daddy near you

Blesserfinder: Matching you with a sugar daddy near you

Is social trend Blesserfinder, where girls are allegedly matching up with rich 'benefactors' in exchange for sex, a real thing?