Jacob Zuma talks to his attorney Michael Hulley in the PMB High Court where they were apposing the  state acquiring  papers from Mauritius to build a case against him\nPic:: Jackie Clausen. 22/03/2007. © Sunday Times
Jacob Zuma talks to his attorney Michael Hulley in the PMB High Court where they were apposing the state acquiring papers from Mauritius to build a case against him\nPic:: Jackie Clausen. 22/03/2007. © Sunday Times

THE Presidency says it has noted the Constitutional Court’s decision on Friday not to hear the National Prosecuting Authority’s (NPA’s) application for leave to appeal against the "spy tapes" judgment at this stage.

"The president awaits the decision of the Supreme Court of Appeal in respect of a petition which he launched on the same matter," said spokesman Bongani Ngqulunga.

The Constitutional Court found on Friday that it would not be in the interest of justice for it to hear the NPA’s application for leave to appeal against the judgment of the Pretoria High Court, which dismissed the NPA’s application on September 28.

But the Constitutional Court can still be approached by Zuma or anyone else.

Earlier this year, a full bench of three judges found that the NPA’s 2009 decision to drop corruption charges against Zuma was irrational.

In June, Zuma and the NPA were refused leave to appeal against the "spy-tapes" judgment, with the high court finding there were no reasonable prospects of an appeal succeeding.

The DA said on Friday that the attempt to appeal against the judgment at the Constitutional Court highlighted "deliberate attempts" by Zuma and the NPA to do everything possible to delay the president having his day in court.

"We are confident that the Supreme Court of Appeal will come to a similar conclusion [to the Constitutional Court]," said DA federal executive chairman James Selfe.

"It is time for Jacob Zuma and his captured institutions of state to stop delaying the inevitable."

Selfe said Zuma, like every other South African charged with a crime, had to have his day in court. He had to answer to the 783 charges against him. The constitutional principle of the rule of law depended on it.

The case has been going on since 2009, when former acting prosecutions head Mokotedi Mpshe announced his decision to drop corruption charges against Zuma. His decision was based on "spy tapes", recordings of conversations between then Scorpions head Leonard McCarthy and Bulelani Ngcuka, erstwhile prosecutions head.

The recordings appeared to suggest that the timing of the case against Zuma was manipulated to influence the outcome of the ANC’s elective conference in Polokwane, where he was elected ANC president.

Mpshe said at the time this was an abuse of the legal process and it would be "unconscionable" for a trial to continue.

©BDlive

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