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SCA upholds High Court decision on Zuma charges
13 October 2017, 01:02 | Anna Jefferson
S Africa court clears way for graft prosecution of Zuma
Zuma and the NPA had asked for leave to appeal a judgment of the Gauteng North High Court previous year, which ruled in favour of the Democratic Alliance (DA), setting aside the 2009 decision by the NPA's then National Director of Public Prosecution, Mokotedi Mpshe, to discontinue the corruption case against Zuma.
Legal expert Ulrich Roux said the court's decision means it was now the NPA's prerogative to reinstitute the charges against Zuma.
The High Court in Pretoria ruled earlier this year that the 2009 decision to withdraw the 783 charges was irrational and set it aside which had the automatic effect of the charges being reinstated against the president.
Mpshe also wrongly invoked and relied on section 179 (d) of the Constitution when he made the decision, said Justice Leach.
Justice Eric Leach granted Zuma and the NPA's leave to appeal, but the appeal was dismissed with costs.
Either of the two may yet approach the Constitutional Court or they may decide to drop the the appeal route. Zuma could still fight any decision to charge him in the Constitutional Court.
Zuma's prosecution was discontinued by Mpshe based on the infamous "spy tapes".
Former prosecutions boss Mokotedi Mpshe withdrew criminal charges against Zuma in 2009, after considering representations from the president which included the so-called Spy Tapes.
They revealed that McCarthy had consulted extensively with Ngcuka, a passionate Mbeki supporter, about when to indict Zuma - with a view, said Zuma, to bettering Mbeki's chances of winning the ANC elective conference in Polokwane.
Since then, the DA has challenged the matter in court. The opposition Democratic Alliance asked the court to order holding an immediate trial.
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