SCA upholds High Court decision on Zuma charges

PRETORIA - The Supreme Court has dismissed an appeal by the National Prosecuting Authority (NPA) and President Jacob Zuma against a High Court order which set aside the decision to withdraw charges against the president.

The judgment was handed down in Bloemfontein on Friday morning.

The High Court in Pretoria ruled earlier this year that the 2009 decision to withdraw the 783 charges was irrational and set it aside which had the automatic effect of the charges being reinstated against the president.

Former prosecutions boss Mokotedi Mpshe withdrew criminal charges against Zuma in 2009, after considering representations from the president which included the so-called Spy Tapes.

When the parties argued the case three weeks ago, they conceded that Mpshe had relied on an incorrect provision in law to base his decision on.

Judge Eric Leach says that the NPA and President Zuma were correct to concede that the decision to withdraw criminal charges was not supported by law.

"In light of what appears above, it is difficult to understand why the present regime at the NPA considered the decision to terminate the prosecution could be defended. The appeal has therefore failed"

Leach says that in any event, Mpshe’s decision stood to be set aside.

"The exclusion of the prosecution team from the final deliberations leading up to the decision to discontinue the prosecution appears to be deliberate and is in itself irrational."

Zuma and the NPA have been ordered to pay the costs of the failed application.

READ: The SCA's judgment on Zuma's spy tapes appeal

Zuma Spy Tapes Judgment by Primedia Broadcasting on Scribd


This article first appeared on EWN : SCA upholds High Court decision on Zuma charges


Recommended

by THE NEWSROOM

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
High Court sets aside GP Edu Dept instruction in Afrikaans school case

High Court sets aside GP Edu Dept instruction in Afrikaans school case

Judge Bill Prinsloo has found that the department did not have the authority to unilaterally override the school’s language policy and that it failed to assess the school’s capacity to accommodate the pupils.

[ALERT] Oscar Pistorius takes sentence appeal to ConCourt

[ALERT] Oscar Pistorius takes sentence appeal to ConCourt

Details of the grounds for Pistorius’s appeal are not yet known, however, its understood he filed his notice of intention to appeal at the Constitutional Court on Tuesday.

Zuma must pay costs for bid to halt state capture report

Zuma must pay costs for bid to halt state capture report

Judge President Dunstan Mlambo says Jacob Zuma acted in flagrant disregard for the duties of the Public Protector.

NPA declines to prosecute former acting top cop Phahlane

NPA declines to prosecute former acting top cop Phahlane

The National Prosecuting Authority has declined to prosecute former acting National Police Commissioner Khomotso Phahlane on charges of defeating the ends of justice.

[BREAKING] AfriForum to privately prosecute Duduzane Zuma for culpable homicide

[BREAKING] AfriForum to privately prosecute Duduzane Zuma for culpable homicide

Phumzile Dube died in February 2014 when Duduzane Zuma’s Porsche collided with the taxi in which she was travelling.

Self-funded TMMBS Accountants empowers businesses to get their books in order

Self-funded TMMBS Accountants empowers businesses to get their books in order

And this bouyant firm hopes to expand into Africa and partner with even more black accountants!

Popular articles
Dr Mbuyiseni Ndlozi opens up about his thesis

Dr Mbuyiseni Ndlozi opens up about his thesis

Ndlozi explains the significance of the the first chapter of his thesis: 'Trauma in the archives'.

Trump confirms his first visit to Africa

Trump confirms his first visit to Africa

United States President Donald Trump has disclosed his first stop on an African visit.

Art deco buildings make Springs an architectural tourism destination

Art deco buildings make Springs an architectural tourism destination

The style of visual arts architecture has become part of a few impromptu tours by Jeffrey Cole in the underrated East Rand.

'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...

5 ways the NSFAS funding model will change in 2017

5 ways the NSFAS funding model will change in 2017

The National Student Financial Aid Scheme (NSFAS) will pilot a new funding model in 2017. NSFAS chairperson Sizwe Nxasana explains.

How much should you be paying your domestic worker?

How much should you be paying your domestic worker?

A new online tool has been developed to put what you pay your domestic worker into perspective.