DA files pa­pers on Zuma graft

Charges against Zwane, Gup­tas over R30m state funds blown on wed­ding

The Star Early Edition - - POLITICS - SIYABONGA MKHWANAZI

THE DA has ques­tioned the de­ci­sion of for­mer Na­tional Prose­cut­ing Author­ity act­ing head Mokotedi Mp­she to drop charges against Pres­i­dent Ja­cob Zuma on the eve of the 2009 gen­eral elec­tion.

In court pa­pers filed in the Supreme Court of Ap­peal (SCA) yes­ter­day on the drop­ping of charges against Zuma, the DA said Mp­she’s de­ci­sion was clouded with emo­tion, un­sub­stan­ti­ated facts and con­fu­sion.

Zuma ap­pealed the de­ci­sion of the high court in Pre­to­ria a few months ago, af­ter it ruled that charges against him should be re­in­stated.

The SCA has set aside next month to hear ar­gu­ments from both par­ties.

The DA said Mp­she’s de­ci­sion to drop the charges in 2009 was ir­ra­tional, and that there was no ba­sis for him to do what he did.

The of­fi­cial op­po­si­tion has asked the SCA to dis­miss Zuma’s ap­pli­ca­tion for ap­peal against the high court de­ci­sion.

It said Mp­she had missed the point with his de­ci­sion to drop the charges.

“In the cir­cum­stances, it is submitted that Mp­she’s de­ci­sion was clouded by emo­tion, un­sub­stan­ti­ated facts, an in­ad­e­quate in­ves­ti­ga­tion, con­fu­sion about his own role and about the ef­fect of (for­mer Scor­pi­ons head Leonard) McCarthy’s de­ci­sion,” said the DA in the pa­pers.

“Ad­vo­cate Mp­she also failed to ap­ply his mind to the cru­cial parts of the test he had to consider in terms of the for­eign ju­rispru­dence he re­lied on.

“This is the very an­tithe­sis of a ra­tio­nal de­ci­sion,” the DA pointed out.

“Based on the ma­te­rial be­fore him, Mp­she could not have ra­tio­nally reached the de­ci­sion he did that this case in­volved an abuse of the kind which was so se­ri­ous and so egre­gious that it jus­ti­fied the ex­tra­or­di­nary step of with­draw­ing the pros­e­cu­tion of Mr Zuma,” it said.

The DA has been pur­su­ing Zuma since he as­sumed of­fice in 2009, de­mand­ing that cor­rup­tion charges against him be re­in­stated.

Zuma and the NPA have op­posed the DA’s ap­pli­ca­tion.

Mean­while, the DA has has laid crim­i­nal charges against the con­tro­ver­sial Gupta fam­ily and Min­eral Re­sources Min­is­ter Mosebenzi Zwane for al­legedly us­ing R30 mil­lion in state funds to fund the lav­ish Gupta wed­ding in Sun City in 2013.

DA spokesper­son on fi­nance David Maynier said he wants all the par­ties im­pli­cated in the saga to be pros­e­cuted.

It was re­ported on Fri­day that funds from a dairy project in the Free State were di­verted to cover costs for the wed­ding in North West.

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