Appeal Court to have its powers reviewed

LEADING REVIEW: Justice Minister Jeff Radebe
LEADING REVIEW: Justice Minister Jeff Radebe

A WEEK after the Supreme Court of Appeal (SCA) ruled that the DA could have access to material that led to the dropping of corruption charges against President Jacob Zuma prior to the 2009 election, the government has announced that the court's powers will also be reviewed.

This decision comes in the wake of an announcement by Minister of Justice and Constitutional Development Jeff Radebe that the powers of the Constitutional Court would be placed under the spotlight.

Addressing the media last month, Radebe said that his department would engage research institutions with the aim of assessing how decisions of the nation's highest court advanced social transformation and reconstruction of South African law in general.

News of this development was met with scepticism, with opposition parties, civil groups and commentators slamming the government for seeking ways to undermine a court that had taken decisions that had embarrassed the government and, importantly, Zuma.

Last week, the SCA opened the way for the DA to pursue the reasons behind then acting Director of Public Prosecutions Mokotedi Mpshe's decision not to move ahead with corruption charges against an embattled Zuma, just days before he was elected the country's president.

It was felt then that the decision to charge him was political, meant to stop Zuma becoming president.

Mpshe's decision was preceded by a resolution - made at the ruling party's bitter and emotional elective conference in Polokwane in 2007 - to effectively kill off the Scorpions, who had also pursued Zuma on the same charges.

The SCA decision effectively gave the DA carte blanche to get its hands on any material relating to the National Prosecution Authority's decision to drop charges but submissions made by Zuma would not be among that material.

The spy tapes - which found their way into Zuma's hands and were instrumental in him walking free - also form part of the material the party may not access.

Radebe said the government would assess the jurisprudential contributions decisions by both courts had made as well as their role in eradicating inequality and poverty.

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