UNLESS President Jacob Zuma and the National Prosecuting Authority (NPA) appeal the Supreme Court of Appeals (SCA) judgment handed down on Tuesday, the lid will be lifted on how the country's first citizen dodged corruption charges.
The SCA has ruled that the decision by former National Director of Public Prosecutions (NDPP) Mokotedi Mpshe to drop the charges was "reviewable".
It ordered the NPA to hand over all documents and material used as a basis to avoid dragging Zuma to court.
Mpshe had said at the time that the case was tainted by taped phone conversations between his predecessor, Bulelani Ngcuka, and former Scorpions head, Leonard McCarthy, in which the two apparently discussed the timing of charging Zuma.
The tapes were leaked to the NPA, fuelling speculation that the charges were politically motivated.
The DA challenged Mpshe's decision in court and lost. It appealed to the SCA. This week the SCA ruled that the DA had a right to pursue the matter "to its conclusion".
The SCA also ordered the NDPP to make available all material - except Zuma's confidential representations - used by Mpshe to drop the charges.
"If the reduced record provides an incomplete picture, it might well have the effect of the NDPP being at risk of not being able to justify the decision," SCA judge Mahomed Navsa said.
"This might be the result of Mr Zuma's decision not to waive the confidentiality of the representations made by him."
Navsa added that it was in the public interest and of direct concern to political parties participating in Parliament that an institution such as the NPA acts in accordance with constitutional and legal prescripts.
"It can hardly be argued that the citizenry in general would be concerned to ensure that there was no favouritism in decisions relating to prosecutions. Few members of political parties or members of the public have the ability, resources or inclination to bring a review of the kind under discussion," he said.
The ANC defended Zuma. The party said the matter should not go unchallenged as it might have huge implications for effective governance, including current and future decisions of any organ of the state.
NPA spokesman Mthunzi Mhaga said: "We will study the judgment and meet with the legal team and determine the way forward."
The DA took the NDPP and Zuma to court over Mpshe's decision to drop corruption charges against Zuma in 2009, shortly before he became president of the country.
The charges relate to the conviction of Zuma's former financial adviser Shabir Shaik. Shaik was found guilty of bribing Zuma in a bid to protect one of the arms dealers from an investigation.
After the ruling, DA leader Helen Zille said: "The record of decision will shed light on whether Mokotedi Mpshe made the decision to withdraw the prosecution on rational, legal grounds or whether he made the decision based on political considerations."
Zuma charges under review
UNLESS President Jacob Zuma and the National Prosecuting Authority (NPA) appeal the Supreme Court of Appeals (SCA) judgment handed down on Tuesday, the lid will be lifted on how the country's first citizen dodged corruption charges.
The SCA has ruled that the decision by former National Director of Public Prosecutions (NDPP) Mokotedi Mpshe to drop the charges was "reviewable".
It ordered the NPA to hand over all documents and material used as a basis to avoid dragging Zuma to court.
Mpshe had said at the time that the case was tainted by taped phone conversations between his predecessor, Bulelani Ngcuka, and former Scorpions head, Leonard McCarthy, in which the two apparently discussed the timing of charging Zuma.
The tapes were leaked to the NPA, fuelling speculation that the charges were politically motivated.
The DA challenged Mpshe's decision in court and lost. It appealed to the SCA. This week the SCA ruled that the DA had a right to pursue the matter "to its conclusion".
The SCA also ordered the NDPP to make available all material - except Zuma's confidential representations - used by Mpshe to drop the charges.
"If the reduced record provides an incomplete picture, it might well have the effect of the NDPP being at risk of not being able to justify the decision," SCA judge Mahomed Navsa said.
"This might be the result of Mr Zuma's decision not to waive the confidentiality of the representations made by him."
Navsa added that it was in the public interest and of direct concern to political parties participating in Parliament that an institution such as the NPA acts in accordance with constitutional and legal prescripts.
"It can hardly be argued that the citizenry in general would be concerned to ensure that there was no favouritism in decisions relating to prosecutions. Few members of political parties or members of the public have the ability, resources or inclination to bring a review of the kind under discussion," he said.
The ANC defended Zuma. The party said the matter should not go unchallenged as it might have huge implications for effective governance, including current and future decisions of any organ of the state.
NPA spokesman Mthunzi Mhaga said: "We will study the judgment and meet with the legal team and determine the way forward."
The DA took the NDPP and Zuma to court over Mpshe's decision to drop corruption charges against Zuma in 2009, shortly before he became president of the country.
The charges relate to the conviction of Zuma's former financial adviser Shabir Shaik. Shaik was found guilty of bribing Zuma in a bid to protect one of the arms dealers from an investigation.
After the ruling, DA leader Helen Zille said: "The record of decision will shed light on whether Mokotedi Mpshe made the decision to withdraw the prosecution on rational, legal grounds or whether he made the decision based on political considerations."
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