On Friday morning news broke that the Supreme Court dismissed an appeal by the National Prosecuting Authority (NPA) and President Jacob Zuma a High Court order which set aside the decision to withdraw charges against the President.
Eusebius McKaiser 702 and CapeTalk host shared his thoughts on the judgment.
There's no room to hide Mr President, you will now have your day as an innocent man in court. Goodness knows why an innocent person has been trying so hard not to have their day in court.— Eusebius McKaiser 702 and CapeTalk host
CapeTalk and 702 host Eusebius McKaiser says there two things in particular that caught his attention; firstly, the court making it clear that excluding the prosecution team, particularly Advocate Downer from the final deliberations, was irrational.
Now that matters because remember the okes who have always been part of the team in deciding whether there is a winnable case against Zuma are the ones whose opinion was ultimately ignored by former acting National Prosecuting Authority (NPA) head Mokotedi Mpshe. And the court has now made it clear that that was irrational to have excluded them from the final decision.— Eusebius McKaiser 702 and CapeTalk host
And then there is the matter- the question of motive and the court has now reaffirmed something that should be trite in South African law and there is precedent for it that a wicked prosecutorial motive is irrelevant if the case, a prima facie case exists a fair trial can be guaranteed and the prosecuting authoring by its own reckoning has come to the decision that it has decent prospects of winning the case in a court of law.— Eusebius McKaiser 702 and CapeTalk host
It would seem on the first reading of the excerpt that it is now all in the NPA's court which means you and I are at the mercy of Shaun Abrahams.— Eusebius McKaiser 702 and CapeTalk host