The Independent on Saturday

Concourt ‘spy tapes’ appeal

- CRAIG DODDS

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.

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SHAUN ABRAHAMS

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