THE pending release of the “spy-tapes” and internal National Prosecuting Authority (NPA) documents to the Democratic Alliance could lead to the reinstatement of corruption charges against President Jacob Zuma.
The Supreme Court of Appeal (SCA) yesterday ordered that the spy-tapes – phone recordings that ostensibly got Zuma off the hook on corruption charges – must be filed in the Pretoria High Court within five days.
After a five-year court battle by the Democratic Alliance (DA), it is now only days before the recordings, upon which former National Director of Public Prosecutions Mokote di Mpshe based his controversial decision to drop corruption charges against Zuma, see the light of day.
The order, handed down by SCA Justice Mahomed Navsa clears the way for the DA to press ahead with its main court bid to set aside Mpshe’s 2009 decision as irrational.
The fight over the tapes was only a preliminary skirmish in this much bigger case.
The controversial tapes apparently include conversations between former Scorpions boss Leonard McCarthy and former NPA director Bulelani Ngcuka on the timing of charges against Zuma in 2007.
The ANC yesterday noted the judgment and expressed hope that the “outcome will bring the matter closer to finality”.
ANC secretary general Gwede Mantashe said it was a “judicial matter”.
ANC ally, the Congress of South African Trade Unions (Cosatu) said SA was a constitutional democracy and the law had to be followed.
General secretary Zwelinzima Vavi said the matter was on appeal and the “law reigns supreme”. He could not pre-empt what would happen next.
The South African Communist Party also noted the judgment, saying there was a “political agenda” behind the move.
DA leader Helen Zille yesterday said the party would analyse the tapes and “cross check” to ensure they were authentic.
“Today the courts, as the ultimate guardian of our democracy, have acted to stop the capture of another institution, the National Prosecuting Authority, by the President and his clique inside the ANC,” she said.
Zille said the DA was “determined” to see the case through “no matter the cost”.
While the tapes must be handed over within five days, the other documents that the DA was after which include internal NPA documents reflecting its discussion over Mpshe’s decision will be evaluated for confidentiality by retired judge Noel Hurt.
Zuma’s representations, written and oral, to Mpshe will remain confidential and Judge Hurt’s job is to determine which of the internal discussion documents will reveal the content of those representations and these will also remain confidential.
The appeal court’s order was expected after Zuma’s counsel Kemp J Kemp SC conceded in court that he had no legal argument to keep the tapes secret. Both sides had also agreed at the hearing to look for a way forward together on the internal discussion documents.
Justice Navsa in his judgment criticised former acting prosecutions head Nomgcobo Jiba for her handling of the litigation around the “spy tapes”, saying it was not worthy of her office and it had “undermined the esteem in which the office of the National Director of Public Prosecutions ought to be held by the citizenry of this country”.
He referred to the fact that Jiba’s affidavit in the case was “almost meaningless” and that she had been loath to take an independent view on the confidentiality of the documents sought by the DA.
The “lack of interest in being of assistance to either the high court or this court is baffling,” said Justice Navsa.
“It is to be decried that an important constitutional institution such as the office of the National Director of Public Prosecutions is loath to take an independent view about confidentiality, or otherwise, of documents and other materials within its possession, particularly in the face of an order of this court,” Navsa said.
Zuma had approached the SCA to appeal against a 2013 judgment by the High Court in Pretoria that ordered the prosecuting authority to hand over the reduced record. — jordaann@timesmedia.co.za
Zuma’s 5-days countdown
The Supreme Court of Appeal (SCA) yesterday ordered that the spy-tapes – phone recordings that ostensibly got Zuma off the hook on corruption charges – must be filed in the Pretoria High Court within five days.
After a five-year court battle by the Democratic Alliance (DA), it is now only days before the recordings, upon which former National Director of Public Prosecutions Mokote di Mpshe based his controversial decision to drop corruption charges against Zuma, see the light of day.
The order, handed down by SCA Justice Mahomed Navsa clears the way for the DA to press ahead with its main court bid to set aside Mpshe’s 2009 decision as irrational.
The fight over the tapes was only a preliminary skirmish in this much bigger case.
The controversial tapes apparently include conversations between former Scorpions boss Leonard McCarthy and former NPA director Bulelani Ngcuka on the timing of charges against Zuma in 2007.
The ANC yesterday noted the judgment and expressed hope that the “outcome will bring the matter closer to finality”.
ANC secretary general Gwede Mantashe said it was a “judicial matter”.
ANC ally, the Congress of South African Trade Unions (Cosatu) said SA was a constitutional democracy and the law had to be followed.
General secretary Zwelinzima Vavi said the matter was on appeal and the “law reigns supreme”. He could not pre-empt what would happen next.
The South African Communist Party also noted the judgment, saying there was a “political agenda” behind the move.
DA leader Helen Zille yesterday said the party would analyse the tapes and “cross check” to ensure they were authentic.
“Today the courts, as the ultimate guardian of our democracy, have acted to stop the capture of another institution, the National Prosecuting Authority, by the President and his clique inside the ANC,” she said.
Zille said the DA was “determined” to see the case through “no matter the cost”.
While the tapes must be handed over within five days, the other documents that the DA was after which include internal NPA documents reflecting its discussion over Mpshe’s decision will be evaluated for confidentiality by retired judge Noel Hurt.
Zuma’s representations, written and oral, to Mpshe will remain confidential and Judge Hurt’s job is to determine which of the internal discussion documents will reveal the content of those representations and these will also remain confidential.
The appeal court’s order was expected after Zuma’s counsel Kemp J Kemp SC conceded in court that he had no legal argument to keep the tapes secret. Both sides had also agreed at the hearing to look for a way forward together on the internal discussion documents.
Justice Navsa in his judgment criticised former acting prosecutions head Nomgcobo Jiba for her handling of the litigation around the “spy tapes”, saying it was not worthy of her office and it had “undermined the esteem in which the office of the National Director of Public Prosecutions ought to be held by the citizenry of this country”.
He referred to the fact that Jiba’s affidavit in the case was “almost meaningless” and that she had been loath to take an independent view on the confidentiality of the documents sought by the DA.
The “lack of interest in being of assistance to either the high court or this court is baffling,” said Justice Navsa.
“It is to be decried that an important constitutional institution such as the office of the National Director of Public Prosecutions is loath to take an independent view about confidentiality, or otherwise, of documents and other materials within its possession, particularly in the face of an order of this court,” Navsa said.
Zuma had approached the SCA to appeal against a 2013 judgment by the High Court in Pretoria that ordered the prosecuting authority to hand over the reduced record. — jordaann@timesmedia.co.za
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