NPA to fight back over Zuma appeal

It’s in the interest of justice for the trial to resume – DA

THE DA is anticipating a further fightback from the National Prosecuting Authority and President Jacob Zuma over its attempt to have corruption charges against Zuma reinstated.

This was after the North Gauteng High Court yesterday dismissed the NPA’s application for leave to appeal its earlier judgment where it ruled that the decision by its former head, Mokotedi Mpshe, was irrational.

While the high court has dismissed the application, the NPA can still petition the Supreme Court of Appeal (SCA) to hear its appeal.

This, said the DA yesterday, was what the NPA was likely to do after a court battle that has lasted more than seven years.

In dismissing the application, the full bench of the high court ruled that it did not have much prospects of success.

The NPA has contended in its application that the ruling interfered with the independence of the national director of public prosecutions.

They argued that the court was setting a precedent that would in future have implications for the independence of the National Director of Public Prosecutions (NDPP) to withdraw prosecutions.

However, the court dismissed this argument.

“The applicants are not challenging the order, but rather extracted and misinterpreted several sentences.

Precedent

“Read in whole, the judgment does not set a precedent that the NDPP cannot withdraw a prosecution,” said Judge Aubrey Ledwaba while delivering the judgment.

The court was not convinced about the appeal’s prospects of success, and was scathing on factors raised to support the application.

“The applicants have raised irrelevant and non-meritorious factors to support their case.

“We came to the conclusion that the application does not have reasonable prospects of success,” Ledwaba said.

The dismissal of the NPA’s application is a blow to the authority but it may still petition the SCA.

DA federal chairman, James Selfe, said this was what they expected the NPA to do.

“We believe it is in the interest of justice for this trial to continue and for Jacob Zuma to face the 783 charges that were put against him.

“I very much doubt that the SCA will come to a different conclusion if they appeal there, which will clear the way for the trial to start,” said Selfe.

He added that the charges should be immediately reinstated.

“The advice of our counsel is that the charges are reinstated.

“The original judgment was very clear on that matter that he should now face the charges that he was originally charged with,” Selfe said.

NPA spokesman Luvuyo Mfaku could not be reached for comment on the judgment.