Concourt ‘spy tapes’ appeal
NATIONAL Prosecuting Authority boss Shaun Abrahams has bypassed the Supreme Court of Appeal in the legal battle over the so-called “spy tapes”, going straight to the Constitutional Court.
This was after losing a bid for leave to appeal against a ruling that reinstated the corruption charges against President Jacob Zuma.
This brings an end to the seven-year saga within sight, with a final showdown in the Constitutional Court.
The NPA and Zuma’s application for leave to appeal was dismissed in the North Gauteng High Court last month, after it set aside the 2009 decision by then acting national director of public prosecutions Mokotedi Mpshe to drop the charges shortly before Zuma became president.
The High Court found the case against Zuma had not been fatally compromised by an alleged political conspiracy to discredit him, given that the NPA itself accepted he had a case to answer, and in any case it should have been for a court and not Mpshe to decide. The NPA said yesterday it had decided against an approach to the SCA.
It said the matter raised constitutional issues, “particularly separation of powers”, and that a further appeal to the Constitutional Court was “inevitable”.
“This matter also raises arguable points of law of general public importance that should be considered by the Constitutional Court,” NPA spokeswoman Bulelwa Makeke said.
“Some of these points affect the functioning and powers of the NPA and the National Director of Public Prosecutions.”
She said it was considered “prudent” in light of the drawn-out saga for it to be resolved “without undue delay”.
The chairman of the DA’s federal executive, James Selfe, said the NPA was persisting in its abuse of the judicial system and taxpayers’ money.
“It is up to the president and the NPA to make arguments of malicious prosecution before a competent judge in a trial,” Selfe said.
“That the NPA makes these assertions ex post facto lends further credence to the fact this prosecution was stopped for political reasons.”
“The case against President Zuma is not defective and must proceed without delay,” Selfe said.
Zuma said earlier this week in a written reply to a parliamentary question he was still weighing his options in light of the High Court’s refusal of leave to appeal.