SCA expected to make decision on Zuma criminal charges

13 October, 2017, 12:37 | Author: Valerie Burke
  • File The Supreme Court of Appeal in Bloemfontein will on Friday hand down judgment in the spy tape saga

A year ago the High Court in Pretoria found that the NPA should not have withdrawn the 783 counts based on the spy tapes' revelation that then head of the Scorpions, Leonard McCarthy and then head of the NPA, Bulelani Ngcuka schemed about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

Zuma and the National Prosecuting Authority (NPA) wanted the appeal court to overturn the High Court's decision, which found that the 2009 decision by acting prosecutions head Mokotedi Mpshe to drop the 783 counts of fraud, corruption and racketeering, was irrational.

Justice Leach, who only took eight minutes to hand down his ruling, said that the manner in which the case was conducted on behalf of the NPA was inexcusable.

In his decision to reject their appeal, Judge Lorimer Leach said it was "irrational" for the NPA to have set the charges aside.

Kemp said that if the SCA finds that Mpshe did not make a rational decision, then someone would have to make a rational decision on that basis.

Initially two days had been set aside to hear the legal team's oral representations, but by lunchtime they had wrapped up the matter.

The National Prosecuting Authority and Mr JG Zuma are to pay such costs jointly and severally, the one paying the other to be absolved.

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

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