SCA to Rule On Zuma 'Spy Tapes' Saga

Elias Hubbard
October 13, 2017

Previous year the High Court in Pretoria found that the NPA should not have withdrawn the 783 counts based on the spy tapes' revelation that then head of the Scorpions, Leonard McCarthy and then head of the NPA, Bulelani Ngcuka schemed about the timing of indicting Zuma.

The Supreme Court of Appeal (SCA) in Bloemfontein has dismissed the appeal by President Jacob Zuma and the National Prosecuting Authority (NPA) in the spy tapes saga.

However‚ during arguments at the Supreme Court of Appeal last month Zuma conceded that the decision to withdraw the charges was irrational‚ as the High Court had ruled.

But the NPA indicated that it wanted prosecutions boss Shaun Abrahams to have another bite of the cherry and decide afresh if Zuma should be charged.

The ruling will be delivered at 09:30 in Court A.

Handing down judgment on Friday, Justice Leach pointed to a number of ways in which Mpshe's decision was irrational - including the fact that the prosecution team had been excluded from the decision.

Advocate Kemp J Kemp, SC, for Zuma, told the full bench of justices that he believed that the NPA had erred in their decision.

The NPA said it accepted that Mpshe could not rely on section 179 of the Constitution, as he'd earlier declared, as this section did not allow the prosecuting authority to review its own decisions.

At the hearing, Kemp said "what then must happen is that the representations would have to be considered by the NPA, because they have never been".

Other reports by Click Lancashire

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