SCA lumps spy tapes appeals together

The Supreme Court of Appeal (SCA) has directed President Jacob Zuma’s and the National Director of Public Prosecutions’ (NDPP) applications for leave to appeal the North Gauteng High Court’s decision to reinstate 783 criminal charges against him will be heard together.

In the directive issued on Wednesday, the SCA noted the matters would be “consolidated and shall be adjudicated in a single hearing”, in terms of the Superior Courts Act.

“The parties must be prepared to address the court on the merits if called upon to do so at such hearing,” the directive stated.

NDPP head Shaun Abrahams has until April 30 to fi le five additional copies of his application for leave to appeal and supplement Zuma’s record.

Zuma has until June 5 to file his heads of argument – basically laying out his case and the legal argument – while respondents DA, the NDPP and the head of the police’s directorate of special operations have until July 3 to fi le their responses.

It was a 2008 decision by Pietermaritzburg High Court Judge Chris Nicholson to dismiss charges of corruption, fraud and racketeering against Zuma which eventually allowed Zuma to be elected president in 2009.

Nicholson’s decision was later overturned in the SCA, prompting Zuma to appeal to the Constitutional Court (ConCourt) that he had not been allowed to make representations to the National Prosecuting Authority ( NPA) in his defence.

Former NPA head Mokotedi Mpshe then withdrew the charges after Zuma had made representations, claiming it was because of the so-called “spy tapes” – alleged recordings of telephone conversations between then Scorpions boss Leonard McCarthy and former NDPP head Bulelani Ngcuka.

The recordings apparently show political interference on the part of president Thabo Mbeki in the decision to charge Zuma.

In April last year, the North Gauteng High Court overturned Mpshe’s “irrational” decision.

Afterwards, Abrahams applied for direct access to the ConCourt in order to apply for leave to appeal the decision, believing it affected prosecutor’s discretion in deciding whether or not to prosecute. This was blocked, but while Abrahams was trying to jump the queue, Zuma went to the SCA.

The DA has applauded the decision.

The parties must be prepared to address the court on the merits if called upon. Supreme Court of Appeal directive